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[Cites 6, Cited by 0]

Madras High Court

Dr.Ramalakshmi vs The Inspector Of Police on 24 May, 2018

Author: P.Rajamanickam

Bench: P.Rajamanickam

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

Reserved on: 22.01.2018 
Delivered on: 24.05.2018
DATED: 24.05.2018                                       
CORAM   
THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM            

Crl.O.P.(MD).Nos.9726 of 2017,11352  
and 11353 of 2017 
and 
Crl.O.P.(MD).Nos.11332 to 11345 of 2011 
& 
MP(MD).Nos.1,1,1,1,1,1,1, 
1,1,1,1,1,1 and 1 of 2011
and 
MP(MD).Nos.2,2,2,2,2,2,2 
,2,2,2,2,2,2 and 2 of 2011


Crl.O.P.(MD).Nos.9726, 11352 and 11353 of 2017:  


Dr.Ramalakshmi                  .. Petitioner in Crl.OP.(MD).No.9726/2017       
P.Raja Samuvel                  .. Petitioner in Crl.OP.(MD).No.11352/2017     

1.Dr.Ramalakshmi  
2.P.Raja Samuvel                       .. Petitioners in Crl.OP.(MD).No.11353/2017

         Vs.
                                        
1.The Inspector of Police
   Perumalpuram Police Station
   Tirunelveli.
2.S.Paulraj
3.A.Shanmuga Ananth   
4.C.Muthukumar  
5.S.Venkatasubbiah  
6.M.Arunkumar  
7.R.Lakshmanan  
8.S.Shanmugavel  
9.P.Karnan 
10.Swarnalatha 
11.C.Saravanan 
12.R.Balbir Singh                    ...Respondents in Crl.O.P.(MD).No.9726/2017

R2 to R12 impleaded as per order
of this Court made in Crl.M.P.(MD).No.6941/2017
in Crl.O.P.(MD).No.9726/2017 dated 
12.09.2017 by SSSRJ.  


Krishnakumar               ...Respondent in Crl.O.P.(MD).No.11352/2017

Velpandian                         ...Respondent in Crl.O.P.(MD).No.11353/2017


Crl.O.P.(MD).Nos.11332 to 11345 of 2011: 

Dr.Ramalakshmi          .. Petitioner in Crl.OP.(MD).Nos.11332, 11334,          
                           11336, 11338, 11338, 11342 and 11344/2011 

P.Raja Samuel           .. Petitioner in Crl.OP.(MD).Nos.11335, 11339,  
                            11340 and 11343/2011 

1.Dr.Ramalakshmi  
2.P.Raja Samuel .. Petitioners in Crl.OP.(MD).Nos.11341 and 11345/2011 


Vs.

V.Selvaraj                      ...Respondent in Crl.O.P.(MD).No.11332/2011 
Maria Selvi                     ...Respondent in Crl.O.P.(MD).No.11333/2011 
Siluvai Rathinam                ...Respondent in Crl.O.P.(MD).No.11334/2011 
V.Selvaraj                      ...Respondent in Crl.O.P.(MD).No.11335/2011 
Essakki Muthu           ...Respondent in Crl.O.P.(MD).No.11336/2011 
J.Mahesh                        ...Respondent in Crl.O.P.(MD).No.11337/2011 
Esakki Muthu            ...Respondent in Crl.O.P.(MD).No.11338/2011 
Esakki Muthu            ...Respondent in Crl.O.P.(MD).No.11339/2011 
Chetna U.Jain           ...Respondent in Crl.O.P.(MD).Nos.11340 
                                         and 11341/2011 
A.Thangaiah             ...Respondent in Crl.O.P.(MD).No.11342/2011 
V.Venkatesan            ...Respondent in Crl.O.P.(MD).No.11343/2011 
N.Muthusamy             ...Respondent in Crl.O.P.(MD).No.11344/2011 
Manickaraj                      ...Respondent in Crl.O.P.(MD).No.11345/2011     
                
Prayer in Crl.OP.(MD).No.9726/2017: Criminal Original Petition filed by the
accused under Section 482 of Cr.P.C., to direct the Judicial Magistrate Court
No.I, Tirunelveli to try C.C.No.77/2012 jointly along with the
S.T.C.Nos.445/2010, 474/2010, 664/2010, 830/2010, 842/2010 849/2010,  
1154/2010, 104/2011 and 409/2011 and C.C.Nos.192/2012 and 202/2012.    

Prayer in Crl.OP.(MD).No.11352/2017: Criminal Original Petition filed by the
accused under Section 407 of Cr.P.C., to withdraw the case in
S.T.C.No.96/2012 on the file of the Fast Track Court-I/Judicial Magistrate
Court, Nagercoil and transfer the same to the Judicial Magistrate Court No.I,
Tirunelveli to have joint trial along with C.C.No.77/2012.

Prayer in Crl.OP.(MD).No.11353/2017: Criminal Original Petition filed by the
accused under Section 407 of Cr.P.C., to withdraw the case in
S.T.C.No.1067/20111 on the file of the Judicial Magistrate Court, Sathankulam
and transfer the same to the Judicial Magistrate Court No.I, Tirunelveli to
have joint trial along with C.C.No.77/2012.

Prayer in Crl.OP.(MD).No.11332/2011: Criminal Original Petition filed by the
accused under Section 407 of Cr.P.C., to withdraw the case in
S.T.C.No.74/2011 from the file of the Judicial Magistrate No.IV, Tirunelveli,
Tirunelveli District and transfer the same to any other Court of the Judicial
Magistrate other than the Tirunelveli District.

Prayer in Crl.OP.(MD).No.11333/2011: Criminal Original Petition filed by the
accused under Section 407 of Cr.P.C., to withdraw the case in C.C.No.410/2010
from the file of the Judicial Magistrate No.II, Nagercoil, Kanyakumari
District and transfer the same to any other Court of the Judicial Magistrate
other than the Tirunelveli District.

Prayer in Crl.OP.(MD).No.11334/2011: Criminal Original Petition filed by the
accused under Section 407 of Cr.P.C., to withdraw the case in C.C.No.411/2010
from the file of the Judicial Magistrate No.II, Nagercoil, Kanyakumari
District and transfer the same to any other Court of the  Judicial Magistrate
other than the Tirunelveli District.

Prayer in Crl.OP.(MD).No.11335/2011: Criminal Original Petition filed by the
accused under Section 407 of Cr.P.C., to withdraw the case in
S.T.C.No.75/2011 from the file of the Judicial Magistrate No.IV, Tirunelveli,
Tirunelveli District and transfer the same to any other Court of Judicial
Magistrate other than the Tirunelveli District.

Prayer in Crl.OP.(MD).No.11336/2011: Criminal Original Petition filed by the
accused under Section 407 of Cr.P.C., to withdraw the case in
S.T.C.No.180/2011 from the file of the Judicial Magistrate No.IV,
Tirunelveli, Tirunelveli District and tranfer the same to any other Court of
the Judicial Magistrate other than the Tirunelveli District.


Prayer in Crl.OP.(MD).No.11337/2011: Criminal Original Petition filed by the
accused under Section 407 of Cr.P.C., to withdraw the case in C.C.No.268/2010
from the file of the Judicial Magistrate, Tenkasi, Tirunelveli District and
transfer the same to any other Court of the Judicial Magistrate other than
the Tirunelveli District.

Prayer in Crl.OP.(MD).No.11338/2011: Criminal Original Petition filed by the
accused under Section 407 of Cr.P.C., to withdraw the case in
S.T.C.No.1154/2010 from the file of the Judicial Magistrate No.I,
Tirunelveli, Tirunelveli District and transfer the same to any other Court of
learned Judicial Magistrate other than the Tirunelveli District.

Prayer in Crl.OP.(MD).No.11339/2011: Criminal Original Petition filed by the
accused under Section 407 of Cr.P.C., to withdraw the case in
S.T.C.No.179/2011 from the file of the Judicial Magistrate No.IV,
Tirunelveli, Tirunelveli District and transfer the same to any other Court of
the Judicial Magistrate other than the Tirunelveli District.

Prayer in Crl.OP.(MD).No.11340/2011: Criminal Original Petition filed by the
under Section 407 of Cr.P.C., to withdraw the case in S.T.C.No.42/2010 from
the file of the Judicial Magistrate No.IV, Tirunelveli, Tirunelveli District
and transfer the same to any other Court of the Judicial Magistrate other
than the Tirunelveli District.

Prayer in Crl.OP.(MD).No.11341/2011: Criminal Original Petition filed by the
accused under Section 407 of Cr.P.C., to withdraw the case in
S.T.C.No.41/2010 from the file of the Judicial Magistrate No.IV, Tirunelveli,
Tirunelveli District and transfer the same to any other Court of learned
Judicial Magistrate other than the Tirunelveli District.

Prayer in Crl.OP.(MD).No.11342/2011: Criminal Original Petition filed by the
accused under Section 407 of Cr.P.C., to withdraw the case in
S.T.C.No.1883/2010 from the file of the Judicial Magistrate, Srivaikundam,
Thoothukudi District and transfer the same to any other Court of learned
Judicial Magistrate other than the Tirunelveli District.

Prayer in Crl.OP.(MD).No.11343/2011: Criminal Original Petition filed by the
accused under Section 407 of Cr.P.C., to withdraw the case in C.C.No.844/2010
from the file of the Judicial Magistrate, Cheranmahadevi, Tirunelveli
District and transfer the same to any other Court of learned Judicial
Magistrate other than the Tirunelveli District.

Prayer in Crl.OP.(MD).No.11344/2011: Criminal Original Petition filed by the
accused under Section 407 of Cr.P.C., to withdraw the case in
S.T.C.No.73/2011 from the file of the Judicial Magistrate No.IV, Tirunelveli,
Tirunelveli District and transfer the same to any other Court of the Judicial
Magistrate other than the Tirunelveli District.

Prayer in Crl.OP.(MD).No.11345/2011: Criminal Original Petition filed by the
accused under Section 407 of Cr.P.C., to withdraw the case in C.C.No.741/2010
from the file of the Judicial Magistrate No.V, Tirunelveli, Tirunelveli
District and transfer the same to any other Court of learned Judicial
Magistrate other than the Tirunelveli District.

!For Petitioners in all
        Crl.O.Ps.                       : Mr.V.Kathirvel
                                          Senior Counsel Assisted by
                                          M/s.H.Arumugam  
                                          S.Satheesh Kumar      
^For Respondents in 
        
         Crl.O.P(MD).No.9726/2017  : Mr.A.P.G.OHM.Chairma Prabhu for R1 
                                              Government Advocate (Crl.Side)    
                                

        Crl.O.P.(MD).Nos.1332, 
        11335, 11340, 11341/2011        : M/s.Meenakshi Sundaram   

        Crl.O.P.(MD).Nos.11333/2011     : Mr.N.Dillip Kumar

        Crl.O.P.(MD).Nos.11336, 
         11338 and 11339/2011           : Mr.S.R.Anbarasu 

        Crl.O.P.(MD).No.11337/2011      : N.Mohideen Basha  
        
        Crl.O.P.(MD).No.11343/2011      : J.Parekh Kumar 

:COMMON ORDER      


Crl.O.P.(MD).No.9726 of 2017 has been filed by the accused under Section 482 of Cr.P.C., to direct the Judicial Magistrate No.I, Tirunelveli, to try the case in C.C.No.77 of 2012 jointly with the cases in STC.Nos.445 of 2010, 474 of 2010, 664 of 2010, 830 of 2010, 842 of 2010, 849 of 2010, 1154 of 2010, 104 of 2011 and 409 of 2011 and C.C.Nos.192 of 2012 and 202 of 2012.

2. Crl.O.P.(MD).No.11332 of 2011 has been filed by the accused under Section 407 of Cr.P.C., to transfer the case in STC.No.74 of 2011 from the file of the Judicial Magistrate No.IV, Tirunelveli, to any other Court of the Judicial Magistrate other than the Tirunelveli District.

3. Crl.O.P.(MD).No.11333 of 2011 has been filed by the accused under Section 407 of Cr.P.C., to transfer the case in CC.No.410 of 2010 from the file of the Judicial Magistrate No.II, Nagercoil, Kanyakumari District, to any other Court of the Judicial Magistrate other than the Tirunelveli District.

4. Crl.O.P.(MD).No.11334 of 2011 has been filed by the accused under Section 407 of Cr.P.C., to transfer the case in C.C.No.411 of 2010 from the file of the Judicial Magistrate No.I, Nagercoil, Kanyakumari District, to any other Court of the Judicial Magistrate other than the Tirunelveli District.

5. Crl.O.P.(MD).No.11335 of 2011 has been filed by the accused under Section 407 of Cr.P.C., to transfer the case in STC.No.75 of 2011 from the file of the Judicial Magistrate No.IV, Tirunelveli, to any other Court of the Judicial Magistrate other than the Tirunelveli District.

6. Crl.O.P.(MD).No.11336 of 2011 has been filed by the accused under Section 407 of Cr.P.C., to transfer the case in STC.No.180 of 2011 from the file of the Judicial Magistrate No.IV, Tirunelveli, to any other Court of the Judicial Magistrate other than the Tirunelveli District.

7. Crl.O.P.(MD).No.11337 of 2011 has been filed by the accused under Section 407 of Cr.P.C., to transfer the case in C.C.No.268 of 2010 from the file of the Judicial Magistrate, Tenkasi, Tirunelveli District, to any other Court of the Judicial Magistrate other than the Tirunelveli District.

8. Crl.O.P.(MD).No.11338 of 2011 has been filed by the accused under Section 407 of Cr.P.C., to transfer the case in S.T.C.No.1154 of 2010 from the file of the Judicial Magistrate No.I, Tirunelveli, to any other Court of the Judicial Magistrate other than the Tirunelveli District.

9. Crl.O.P.(MD).No.11339 of 2011 has been filed by the accused under Section 407 of Cr.P.C., to transfer the case in S.T.C.No.179 of 2011 from the file of the Judicial Magistrate No.IV, Tirunelveli, to any other Court of the Judicial Magistrate other than the Tirunelveli District.

10. Crl.O.P.(MD).No.11340 of 2011 has been filed by the accused under Section 407 of Cr.P.C., to transfer the case in S.T.C.No.42 of 2010 from the file of the Judicial Magistrate No.IV, Tirunelveli, to any other Court of the Judicial Magistrate other than the Tirunelveli District.

11. Crl.O.P.(MD).No.11341 of 2011 has been filed by the accused under Section 407 of Cr.P.C., to transfer the case in S.T.C.No.41 of 2010 from the file of the Judicial Magistrate No.IV, Tirunelveli, to any other Court of the Judicial Magistrate other than the Tirunelveli District.

12. Crl.O.P.(MD).No.11342 of 2011 has been filed by the accused under Section 407 of Cr.P.C., to transfer the case in S.T.C.No.1883 of 2010 from the file of the Judicial Magistrate, Srivaikundam, Thoothukudi District, to any other Court of the Judicial Magistrate other than the Tirunelveli District.

13. Crl.O.P.(MD).No.11343 of 2011 has been filed by the accused under Section 407 of Cr.P.C., to transfer the case in C.C.No.844 of 2010 from the file of the Judicial Magistrate, Cheranmahadevi, Tirunelveli District to any other Court of the Judicial Magistrate other than the Tirunelveli District.

14. Crl.O.P.(MD).No.11344 of 2011 has been filed by the accused under Section 407 of Cr.P.C., to transfer the case in S.T.C.No.73 of 2011 from the file of the Judicial Magistrate No.IV, Tirunelveli to any other Court of the Judicial Magistrate other than the Tirunelveli District.

15. Crl.O.P.(MD).No.11345 of 2011 has been filed by the accused under Section 407 of Cr.P.C., to transfer the case in C.C.No.741 of 2010 from the file of the Judicial Magistrate No.V, Tirunelveli, to any other Court of the Judicial Magistrate other than the Tirunelveli District.

16. Crl.O.P.(MD).No.11352 of 2017 has been filed by the accused under Section 407 of Cr.P.C., to transfer the case in S.T.C.No.96 of 2012 from the file of the Fast Track Court-I/Judicial Magistrate Court, Nagercoil, Kaniyakumari District, to the Judicial Magistrate Court No.I, Tirunelveli, to have joint trial along with C.C.No.77 of 2012.

17. Crl.O.P.(MD).No.11353 of 2017 has been filed by the accused under Section 407 of Cr.P.C., to transfer the case in S.T.C.No.1067 of 2011 from the file of the Judicial Magistrate Court, Sathankulam, Tirunelveli District, to the Judicial Magistrate Court No.I, Tirunelveli, to have joint trial along with C.C.No.77 of 2012.

18. Heard, Mr.V.Kathirvel, learned Senior Counsel Assisted by M/s.H.Arumugam and S.Satheesh Kumar, learned counsel for the petitioners and Mr.A.P.G.Ohm Chairma Prabhu, learned Government Advocate (Crl.Side) for the first respondent in Crl.O.P.(MD).No.9726/2017, M/s.Meenakshi Sundaram, learned counsel for the respondents in Crl.O.P.(MD).Nos.11332, 11335, 11340 and 11341/2011, Mr.N.Dillip Kumar, learned counsel for the respondent in Crl.O.P.(MD).No.11333/2011, Mr.S.R.Anbarasu, learned counsel for the respondent in Crl.O.P.(MD).Nos.11336, 11338 and 11339/2011, N.Mohideen Basha, learned counsel for the respondent in Crl.O.P.(MD).No.11337/2011 and Mr.J.Parekh Kumar, learned counsel for the respondent in Crl.O.P.(MD).No.11343/2011.

19. The learned counsel for the petitioners submitted that the petitioner Dr.Ramalakshmi and P.Raja Samuel are wife and husband respectively. He further submitted that the respondents herein have filed a number of cases under Section 138 of the Negotiable Instruments Act, against the petitioners before various Courts. He further submitted that based on the complaint given by one of the petitioners viz., Dr.Ramalakshmi, the Inspector of Police, Perumalpuram Police Station, Tirunelveli City, registered a case in Cr.No.349 of 2010 against the respondents herein under Section 4 of the Tamil Nadu Prohibition of Charging Exorbitant Interest Act and Section 506

(ii) IPC. He further submitted that after investigation, the Inspector of Police has filed a charge sheet and based on the said charge sheet, the learned Judicial Magistrate No.I, Tirunelveli has taken the case on file in C.C.No.77 of 2010 against the respondents herein and others. He further submitted that since the case filed by the respondents herein and the case in C.C.No.77 of 2012 on the file of the Judicial Magistrate No.I, Tirunelveli, are cross cases, all the cases have to be jointly tried by the same Magistrate, and then only, the facts can be properly appreciated. In support of the said contention, he relied upon the decision in Nathi Lal and others Vs. State of U.P. and others, 1990 (Supp) SCC 145.

20. The learned counsel appearing for the respondents submitted that in the cases filed by the respondents, the cheques were issued on different dates, presented on different dates and separate notices have been issued in respect of each default and as such, the transactions cannot be said as single transaction and therefore, joint trial cannot be ordered. They further submitted that in some of the cases already evidence has been recorded and at this stage, if the cases are transferred that would cause prejudice to the respondents/complainants. They further submitted that the case in C.C.No.77 of 2012 which is pending on the file of the Judicial Magistrate No.I, Tirunelveli, cannot be treated as cross case to the cases filed by the respondents/complainants and therefore, they prayed to dismiss the aforesaid petitions.

21. For proper appreciation, the cases pending before the learned Judicial Magistrate No.I, Tirunelveli District, which were filed by some of the respondents herein under Section 138 of the Negotiable Instruments Act are mentioned as below:-

Sl.Nos.
Case Nos.
Name of the Complainant Name of the Accused
1. STC.No.445/2010

Paulraj Dr.Ramalakshmi

2. STC.No.474/2010 Shanmuga Ananth Raja Samuel

3. STC.No.493/2010 renumbered as C.C.No.202/2012 Muthukumar Dr.Ramalakshmi

4. STC.No.664/2010 Venkatasubbiah Raja Samuel

5. STC.No.682/2010 renumbered as CC.No.192/2012 Arunkumar Dr.Ramalakshmi

6. STC.No.830/2010 Lakshmanan Dr.Ramalakshmi

7. STC.No.842/2010 Shanmugavel Dr.Ramalakshmi

8. STC.No.849/2010 Karnan Dr.Ramalakshmi

9. STC.No.1154/2010 Sornalatha Dr.Ramalakshmi 10 STC.No.104/2011 Saravanan Dr.Ramalakshmi

11. STC.No.409/2010 Balbir Singh Dr.Ramalakshmi

22. The cases pending before other Courts, which were filed by other respondents under Section 138 of the Negotiable Instruments Act are mentioned as below:-

Sl.
Nos.
Case Nos.
Name of the Complainant Name of the Accused
1.

Judicial Magistrate No.IV, Tirunelveli STC.No.74/2011 V.Selvaraj Dr.Ramalakshmi

2. Judicial Magistrate No.II, Nagercoil CC.No.410/2010 Mariaselvi Dr.Ramalakshmi

3. Judicial Magistrate No.II, Nagercoil CC.No.411/2010 Siluvai Rathinam Dr.Ramalakshmi

4. Judicial Magistrate No.IV, Tirunelveli STC.No.75/2011 V.Selvaraj P.Raja Samuel

5. Judicial Magistrate No.IV, Tirunelveli STC.No.180/2011 Essakkimuthu Dr.Ramalakshmi

6. Judicial Magistrate, Tenkasi CC.No.268/2010 J.Mahesh Dr.Ramalakshmi

7. Judicial Magistrate No.IV, Tirunelveli STC.No.179/2011 Esakkimuthu P.Raja Samuel

8. Judicial Magistrate No.IV, Tirunelveli STC.No.42/2010 Chetna U.Jain P.Raja Samuel

9. Judicial Magistrate No.IV, Tirunelveli STC.No.41/2010 Chetna U.Jain

1.Dr.Ramalakshmi

2.P.Raja Samuel

10. Judicial Magistrate, Srivaikundam STC.No.1883/2010 A.Thangaiah Dr.Ramalakshmi

11. Judicial Magistrate, Cheranmadevi CC.No.844/2010 V.Venkatesan P.Raja Samuel

12. Judicial Magistrate No.IV, Tirunelveli STC.No.73/2011 N.Muthusamy Dr.Ramalakshmi

13. Judicial Magistrate No.V, Tirunelveli CC.No.741/2010 Manickaraj

1.Dr.Ramalakshmi

2.P.Rajasamuel

14. Fast Track Court-I/JM, Nagercoil STC.No.96/2012 Krishnakumar P.Rajasamuel

15. JM, Sathankulam STC.No.1067/2011 Velpandian

1.Dr.Ramalakshmi2.Raja Samuel

23. In Nathi Lal and others Vs. State of U.P. and others, (supra) the Hon'ble Apex Court in paras 2 and 3, has observed as follows:-

?2. We think that the fair procedure to adopt in a matter like the present where there are cross cases, is to direct that the same learned Judge must try both the cross cases one after the other. After the recording of evidence in one case is completed, he must hear the arguments but he must reserve the judgment. Thereafter he must proceed to hear the cross case and after recording all the evidence he must hear the arguments but reserve the judgment in that case. The same learned Judge must thereafter dispose of the matters by two separate judgments. In deciding each of the cases, he can rely only on the evidence recorded in that particular case. The evidence recorded in the cross case cannot be looked into. Nor can the judge be influenced whatever is argued in the cross case. Each case must be decided on the basis of the evidence which has been placed on record in that particular case without being influenced in any manner by the evidence or arguments urged in the cross case. But both the judgments must be pronounced by the same learned Judge one after the other.
3. We allow this appeal partly to the aforesaid extent and direct the learned Judge to proceed with the Police case and the cross case instituted by the respondent-complainant by way of a private complaint and hold the trial in both the matters in the light of the directions given herein above.

Learned Judge will accord priority to these cross cases and dispose of both the cases expeditiously.?

24. From the aforesaid decision, it is clear that where there are cross cases, all the cases have to be tried by the same Judge one after the other, but they should be disposed of by separate judgements. It is also clear that in deciding each of the cases, he can rely only on the evidence recorded in that particular case. He cannot look into the evidence recorded in other cases. It is also clear that the joint trial is not permissible and only simultaneous trial is permissible.

25. It is to be pointed out that in three petitions viz., Crl.O.P.No.9726 of 2017, 11352 and 11353 of 2017, the petitioners have asked for joint trial of the cases mentioned in the aforesaid petitions along with the case in C.C.No.77 of 2012, which is pending on the file of the Judicial Magistrate No.I, Tirunelveli. In other petitions, the petitioners have asked to transfer the cases mentioned in those petitions to some other Court, other than the Judicial Magistrate No.I, Tirunelveli District. Since the petitioners themselves asked for joint trial in Crl.O.P.Nos.9726, 11352 and 11353 of 2017, they cannot ask for transfer of the cases out side the District of Tirunelveli.

26. In the result, STC.Nos.96/2012, 1067/2011, 74/2011, 75/2011, 180/2011, 1154/2010, 179/2011, 42/2010, 41/2010, 1883/2010, 73/2011 and C.C.Nos.410/2010, 411/2010, 268/2010, 844/2010 and 741/2010 are withdrawn and transferred to the Judicial Magistrate No.I, Tirunelveli. The learned Judicial Magistrate No.I, Tirunelveli, is directed to dispose of the aforesaid cases along with the cases which are already pendign before him between the parties viz., STC.Nos.445/2010, 474/2010, 664/2010, 830/2010, 842/2010, 849/2010, 1154/2010, 104/2011, 409/2011 and C.C.Nos.192/2012, 202/2012 and 77/2012 as per the procedure laid down by the Hon'ble Supreme Court in Nathi Lal and others Vs. State of U.P. and others, 1990 (Supp) SCC 145 expeditiously. With the aforesaid directions, these Criminal Original Petitions are disposed of. Consequently, connected Miscellaneous Petitions are closed.

To

1.The Inspector of Police Perumalpuram Police Station Tirunelveli.

2.The Judicial Magistrate No.I, Tirunelveli District.

.