IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-02-2008 CORAM: THE HONOURABLE MR.JUSTICE R.REGUPATHI Crl.O.P.No.7129 of 2006 and Crl.M.P.Nos.1906 and 1907 of 2006 Sasi @ Natarajan ... Petitioner vs 1. State by Sub Inspector of Police Town Police Station Karaikal Pondicherry State 2. The State by Inspector of Police All women Police Station Kallakurichi Villupuram District ... Respondents (Cr No.1/2003) Prayer: Petition filed under Section 482 Cr.P.C seeking for the reliefs as stated therein. For Petitioner : Mr.R. Velumani For 2nd Respondent : Mr.Paul Noble Devakumar Government Advocate For 1st respondent : Mr.M.R. Thangavel for Public Prosecutor (Pondy) ORDER This petition is filed, seeking for a direction to withdraw the C.C.No.196/2004 pending on the file of Judicial Magistrate No.2, Karaikal, Pondicherry State and transfer the same to Judicial Magistrate Court, Kallakurichi, Villupuram District, Tamil Nadu State and try the same along with PRC No.18 of 2004 either jointly or simultaneously. 2. On the complaint given by the parents of the victim on the allegation of kidnapping against the petitioner, a case in Cr.No.332 of 2003 for the offence punishable under Sec.363 IPC has been taken on file by the 1st respondent. On conclusion of the investigation, final report has been filed and the learned Judicial Magistrate No,II, Karaikal, Pondicherry has taken cognizance of the case in https://hcservices.ecourts.gov.in/hcservices/ C.C.No.196/2004. The victim, involved in the case, turned hostile and it is represented that the victim got married with the petitioner and got a child. Since the other witnesses were not examined, it is pending trial. 3. While so, on the basis of similar allegation, the case has been taken on file by the 2nd respondent in Cr.No.1 of 2003 for the offence punishable under Secs.366-A and 376 IPC and it is pending in PRC No.18 of 2004 on the file of Judicial Magistrate, Kallakurichi, Villupuram District. 4. It is the case of the prosecution that the victim was kidnapped and an offence of rape was committed and the case is yet to be committed. 5. The learned counsel for the petitioner submits that in both the cases though complaint has been given in different places, allegations and averments are the same. But at a later stage, the victim and the accused got married and they are living happily and in such circumstances, both the cases may be adjudicated together. 6. The learned Government Advocate (Crl.Side) has agreed for such proposal. 7. I have perused the materials available on record. Though the case in C.C.No.196 of 2004 is pending for trial, in view of the facts and circumstances of the case, I am of the considered view that the case in C.C.No.196 of 2004 pending on the file of Judicial Magistrte No.II, Karaikal could be transferred to Judicial Magistrate, Kallakurichi to be tried along with PRC No.18 of 2004 for joint trial. 8. The learned Judicial Magistrate, Kallakurichi, Villupuram is directed to complete the committal proceedings in PRC No.18 of 2004 along with CC.No.196 of 2004 as expeditiously as possible to the Court of Sessions or in the alternative, may forward the papers to Lok Adalat so that both the cases may be disposed of at the earliest. 9. With the above direction, the petition is ordered. Consequently, the connected M.Ps are closed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. sr To 1. THE JUDICIAL MAGISTRATE KALLAKURICHI https://hcservices.ecourts.gov.in/hcservices/ 2. DO THRO CHIEF JUDICIAL MAGISTRATE VILLUPURAM 3. THE JUDICIAL MAGISTRATE NO 2 KARAIKKAL, PUDUCHERRY 4. DO THRO CHIEF JUDICIAL MAGISTRATE V.T.OF PUDUCHERY AT PONDICHERRY 5. THE SUB INSPECTOR OF POLICE TOWN POLICE STATION KARAIKAL PONDICHERRY STATE 6. INSPECTOR OF POLICE ALL WOMEN POLICE STATION KALLAKURICHI VILLUPURAM DISTRICT 7. THE PUBLIC PROSECUTOR HIGHCOURT, CHENNAI 8. GOVERNMENT PLEADER PUBLIC PROSECUTOR, (PONDICHERRY), HIGHCOURT CHENNAI + 1 CC to Mr. Nalliyappan Advocate SR NO.9514 Crl.O.P.Nos.7129/2006 KU(CO) JJM(07/03/08) https://hcservices.ecourts.gov.in/hcservices/