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2017 Supreme(Mad) 2469
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
V. BHARATHIDASAN, J.
Murali @ Muralidharan & Anr. - Petitioners
Vs.
The State, through its The Sub-Inspector of Police - Respondent
Crl. R.C. (MD) No. 604 of 2017
Decided On : 28-07-2017
Important Points
Subject
Criminal Law - Case Splitting and Trial Proceeding
Act Referred
Headnote
Splitting of Case - Criminal Procedure - The court directed the Fast Track Court to split the case and proceed with the trial in respect of A1 and A2, despite the third accused being absconding and the non-execution of the NBW for more than three years.
Fact of the Case:
The trial commenced in 2014, and the questioning under Section 313 Cr.P.C. was completed. The third accused was absconding, and a NBW was pending for more than three years. The Petitioners sought to split the case as against A3 and proceed with the trial for A1 and A2, but the application was dismissed by the Judicial Magistrate.
Finding of the Court:
The court directed the Fast Track Court to split up the case in respect of A1 and A2 and proceed with the trial, with a directive to dispose of the case within three months.
Issues: The issue was whether the case could be split up and the trial proceed in respect of A1 and A2, despite the third accused being absconding and the non-execution of the NBW for more than three years.
Ratio Decidendi: The court considered the prolonged absence of the third accused and the non-execution of the NBW, leading to the decision to split up the case and proceed with the trial for A1 and A2.
Final Decision: The Criminal Revision Case was allowed, and the Fast Track Court was directed to split up the case in respect of A1 and A2 and proceed with the trial, with a directive to dispose of the case within three months.
Advocate Appeared:
For the Petitioners: M/s. KAA.RAAmakrishnan
For the Respondent: Mr. C. Mayilvahana Rajendran
Rejecting the Petitioner's application to split up the case, the present revision has been filed.
2. The Petitioners are A1 and A2 in C.C.No.174 of 2008, on the file of Fast Track Court, Thoothukudi. The case of the Petitioners in brief is that there are totally three accused in the above Calendar Case and the Petitioners are arrayed as A1 and A2. The occurrence took place in the year 2008 and final report was also filed in the same year and the matter was taken on file. Thereafter, the Petitioners are regularly appearing before the Court bellow, but the third accused did not appear before the Court, hence, a NBW was issued against him in the year 2014,so far the same has not been executed.
3. In the above case, trial commenced and entire witnesses have been examined and the proceedings under Section 313 Cr.P.C. was also over, since accused No.3 was absconding from the year 2014 and NBW is also pending against him and the whereabouts of him is also not known, hence the trial did not proceed further. Therefore the Petitioners filed an application to split up the case as against A3 and to proceed with the trial in respect of A1 and A2. The above application has been dismissed by the learned Judicial Magistrate stating that originally, the matter was pending before the Judicial Magistrate, Thoothukudi and the case was then transferred to the file of learned Fast Track Magistrate, Thoothukudi with a direction to dispose of the case in the same C.C. Number. Hence the matter cannot be split up. Challenging the same, the present revision has been filed.
4. Heard the submissions of Mr. K. Raamakrishnan, learned counsel for the Petitioners and Mr. C. Mayilvahana Rajendran, learned Additional Public Prosecutor appearing for the respondent-state and considered the materials on record.
5. Admittedly, the trial commenced in the year 2014, and 313 Cr.P.C questioning was also over. At that point of time, A3 was absconding and hence NBW issued against him, and NBW is pending for more than three years. So far the Police has not taken any steps to execute the warrant.
6. In such circumstances, the learned Fast Track Court Judge, Magistrate Level, Tuticorin is directed to split up the case in respect of A1 and A2 and proceed with the trial in respect of A1 and A2 and dispose of the case in C.C.No.174 of 2008 within a period of three months from the date of receipt of a copy of this order.
7. With the above direction, the Criminal Revision Case is allowed.
