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[c] Thanigainathan reported the matter to the Madurantakam police, based on which, the aforesaid FIR was registered. Madurantakam police intimated Villupuram Police about this incident and when the Tata Sierra car was passing through Tindivanam, it was intercepted by Kamalakannan, the Sub Inspector of Police and the car was searched. The police recovered unauthorised firearms and ammunitions. Tindivanam police registered a case in Cr.No.95 of 2003 on 14.02.2003 u/s 25(1)(A) of the Indian Arms Act and arrested the occupants of the car, viz., Rajesh and Kannan.

[d] After completing the investigation in Madurantakam Police Station Cr.No.101 of 2003, a Final Report has been filed against Rajesh and Kannan for offences u/s 341, 294-B, 506(ii) IPC r/w 25(1)(A) of the Indian Arms Act and the case is now pending in S.C.No.200 of 2015 before the Sub Court, Madurantakam.

[e] The Tindivanam police completed the investigation in Cr.No.95 of 2003 and has filed a Final Report against Rajesh and Kannan for offence u/s 25(1)(A) of the Indian Arms Act and the case is now pending trial in S.C.No.51 of 2015 on the file of the Principal Sub Judge, Tindivanam. Under such circumstances, Rajesh is before this Court for quashing the prosecution in S.C.No.51 of 2015 pending trial before the Principal Sub Judge, Tindivanam.

8. Under such circumstances, this Court is of the view that, it will be in the interest of justice if both the cases are tried by the same Court, so that the accused can set up an effective defence. However, this is not a fit case to quash the prosecution. Hence, this Court transfers the prosecution in S.C.No.51 of 2015 from the file of the Principal Sub Court, Tindivanam to the file of the Sub Court, Madurantakam, to be tried along with S.C.No.200 of 2015. The Principal Sub Judge, Tindivanam is directed to not only transfer the records in S.C.No.51 of 2015, but also the material objects concerned in the case within two weeks from the date of receipt of a copy of this order to the Court of the Sub Judge, Madurantakam. The Principal District and Sessions Judge, Villupuram is directed to oversee the transfer of records and material objects as stated supra. The Sub Judge, Madurantakam is directed to proceed with the trial in S.C.No.200 of 2015 and the transferred S.C.No.51 of 2015 simultaneously and not as joint trial.

With the above direction, this petition is ordered accordingly. Consequently, connected miscellaneous petition is closed.

02.09.2016 gms To

1.The Inspector of Police Tindivanam Police Station Tindivanam Villupuram District.

2.The Inspector of Police Madurantakam Police Station Madurantakam Kanchipuram District.

3.The Principal Sub Judge, Tindivanam, Villupuram District.

4. The Principal District and Sessions Judge, Villupuram.

5.The Sub Judge Madurantakam.

6.The Public Prosecutor High Court, Madras 600 104.