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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR
M.Gopalakrishnan – Appellant
Versus
Deputy Inspector General of Police CBCID Department – Respondent
| Table of Content |
|---|
| 1. factual background of complaints and firs (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. parties argue for simultaneous trial process (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 3. court assesses legal implications of trials (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 22 , 23) |
| 4. guidance on trial conduct for case/counter case (Para 21) |
| 5. conclusion dismissing the petition (Para 24 , 25 , 26) |
ORDER :
R.Vijayakumar, J.
The present petition has been filed seeking to issue a direction to the trial Court in Spl.S.C.No.25 of 2021 on the file of the III Additional District Judge (PCR Act) Cases, Madurai to keep the trial in abeyance until the third respondent files F.I.R and charge sheet as per order of this Court in Crl.OP(MD).Nos.10189, 10201, 10249, 10882 and 11577 of 2025 dated 28.11.2025.
(A).Facts leading to the filing of the present petition are as follows:
2.A criminal case was registered as against the petitioner in Crime No. 39 of 2020 on the file of the Melavalavu Police Station, Madurai District on 24.02.2020 wherein the petitioner was arrayed as accused No.1 along with four other named accused persons. The said F.I.R was registered on the complaint given by the third respondent namely Lakshma
Independent trials must proceed without stalling, even if related case and counter case exist; participation in advanced trials weakens claims for abeyance.
The fundamental right of the accused to a speedy trial and the discretion of the court to order joint or separate trials based on the stage of the trial and potential prejudice to the accused.
Since the provisions which engraft an exception use the phrase ‘may’ with reference to conducting a joint trial, a separate trial is usually not contrary to law even if a joint trial could be conduct....
The police must mandatorily follow PSO 566 in investigating case and counter cases, ensuring thorough investigations to avoid conflicting judgments.
Point of Law : Delay in lodging the FIR, final report being filed by an officer who was not in-charge of the Police Station; act of the learned Magistrate in taking cognizance of the offence which be....
The court ruled that trials may be conducted together under Section 223 Cr.P.C. but should remain separate if the accused differ between a police report and a complaint case, to avoid prejudice.
Merely because three separate FIRs have been filed do not mean that they could not be clubbed together and one charge-sheet could not be filed.
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