petitioner cannot be made to move from one court to another to face the proceedings based on the very same cause of action

In the High Court of Judicature at Madras
Reserved on :
10.7.2023
Delivered on :
14.7.2023
Coram :
The Honourable Mr.Justice N.ANAND VENKATESH
Crl.O.P.(MD) Nos.11494 & 12163 of 2018
Crl.O.P.Nos.5099 of 2019 & 6211 of 2021 &
all connected pending Crl.M.Ps.
S.Ve.Shekher ...Petitioner in
all the Crl.O.Ps.
Vs
1.Al.Gopalsamy, President,

333. The petitioner cannot be made to move from one court to
another to face the proceedings based on the very same cause of
action. Hence, this Court is inclined to transfer the proceedings
challenged in Crl.O.P.(MD) Nos.11494 and 12163 of 2018 and Crl.O.P.
No.5099 of 2019 to the file of the Special Court namely the Assistant
Sessions Court, Additional Special Court for Trial of Cases relating to
MPs and MLAs, Singaravelar Maligai, Chennai-1 to be simultaneously
taken up along with C.C.No.62 of 2019.
20/23 https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.11494 of 2018
etc. cases
34. In the light of the above discussions,
(a) the proceedings in
(i) C.C.No.154 of 2018 on the file of the
Judicial Magistrate No.1, Tirunelveli,
(ii) C.C.No.223 of 2018 on the file of the
Judicial Magistrate No.2, Karur and
(iii) S.T.C.No.276 of 2018 on the file of
the Judicial Magistrate, Ambattur
are withdrawn and transferred to the file of the
Special Court namely the Assistant Sessions
Court, Additional Special Court for Trial of
Cases relating to MPs and MLAs, Singaravelar
Maligai, Chennai-1 to be simultaneously tried
along with C.C.No.62 of 2019.
(b) The findings rendered by this Court in
this common order will not have any bearing
on the Special Court while deciding the cases
and the petitioner is entitled to raise all the
grounds before the Special Court. The Special
Court shall decide the cases on their own
merits and in accordance with law. The Special
Court shall try to expeditiously complete the
trial and pass final orders in all the cases not
later than six months from the date of receipt
of a copy of this order.
21/23 https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.11494 of 2018
etc. cases
(c) The case bundles in
(i) C.C.No.154 of 2018 on the file of the
Judicial Magistrate No.1, Tirunelveli,
(ii) C.C.No.223 of 2018 on the file of the
Judicial Magistrate No.2, Karur and
(iii) S.T.C.No.276 of 2018 on the file of
the Judicial Magistrate, Ambattur, which are
transferred to the file of the Special Court,
shall be immediately forwarded by the
respective Courts to the Special Court so as to
enable the expeditious disposal of all the cases.