O R D E R

This Criminal Revision Petition is filed against the order dated

20.07.2020 in Crl.M.P.No.3488 of 2020 in S.C.No.288 of 2019 on the file of the learned I Additional Sessions Judge, Chennai.

2. The ninth respondent Police registered a case against the respondents 1 to 8 herein based on the complaint lodged by the petitioner herein for the offences under Sections 147, 148, 448, 341, 323, 506(ii) IPC r/w. 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 1998, [hereinafter called as TNPHW Act] & 3 of TNPPDL Act. After completion of investigation, he laid charge sheet before the learned Chief Metropolitan Magistrate, Egmore. The learned Magistrate taken the charge sheet on file in C.C.No. 1298 of 2015 for the offences under Sections 147, 448, 352, 323, 506 (ii) of IPC r/w. 149 IPC, Section 3 of TN Medical Service Persons and Medicare Service Institution (Prevention of Violence and Damage or Loss to Property) Act, 2008 and Section 3 of Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 (hereinafter called as TNPPDL Act]. Subsequently, after framing charges, during the trial, the learned Magistrate found that the offence under Section 3 of TN Medical Service Persons and Medicare Service Institution (Prevention of Violence and Damage or Loss to Property) Act, 2008 warrants a punishment which shall not be less than 3 years but which may extend to 10 years and with fine. Therefore he has committed the case to the learned Sessions Judge. Challenging the said order passed by the learned Metropolitan Magistrate, the respondents 1 to 8 filed Criminal Revision before this Court in Crl.RC.No.823 of 2017. This Court dismissed the said revision on 27.03.2018 and the challenging the said order, the respondents 1 to 8 filed SLP before the Hon'ble Supreme Court and the Hon'ble Supreme Court also dismissed the said SLP. Subsequently, the first respondent herein filed the petition before this Court in Crl.O.P.No.10344 of 2019 under Section 482 Cr.P.C to quash the Calender Case in C.C.No.1298 of 2015, this Court dismissed the same on 16.04.2019. In the mean time, the Principal Sessions Judge taken the case on file in S.C.No.288 of 2019 and made over to the I Additional Sessions Judge, Chennai for disposal. When the matter is pending before the I Additional Sessions Judge, the ninth respondent/State filed a petition under Section 326 Cr.P.C to act on evidence already recorded by the learned Chief Metropolitan Magistrate and the said petition was dismissed by the learned Sessions Judge. Challenging the said order, this Criminal revision case is filed before this Court.

3. Mr.Singaravelan, learned Senior Counsel appearing for the petitioner would submit that this Court dismissed the petition filed by the petitioner in Crl.O.P.No.24036 of 2019 dated 19.11.2019. However, this Court fixed the time limit for disposal (i.e., 3 months). Aggrieved by the said order, the petitioner filed SLP in SLA (Crl) No.387 of 2020 before the Hon'ble Supreme Court. While dismissing the SLP, the Hon'ble Supreme Court observed that the prosecution/aggrieved party can well file an application under Section 326 of Cr.P.C before the transferee Sessions Court. Therefore, the ninth respondent/State filed a petition before the learned I Additional Sessions Judge under Section 326 Cr.P.C in Crl.M.P.No.3488 of 2020. The learned Judge dismissed the petition without considering the observation made by the Hon'ble Supreme Court in SLP. Aggrieved with the same, this Criminal Revision is filed by the defacto complainant. He would further submit that Section 326 Cr.P.C clearly says that whenever any Judge or Magistrate after having heard and recorded the whole or any part of the evidence in an enquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another Judge or Magistrate who has and who exercises such jurisdiction, the Judge or Magistrate so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his p