Rajendran v. Rajadurai Velapandian @ Rajadurai Pandian

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.02.2021

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.No.1067 of 2021 Rajendran ..Petitioner .Vs.

Rajadurai Velapandian @ Rajadurai Pandian ..Respondent PRAYER: Criminal Original Petition filed under Section 407 of the Code of Criminal Procedure, to withdraw the case in STC No.1512 of 2018, on the file of the Judicial Magistrate-I, Perambalur and transfer the same to the file of Judicial Magistrate III, Perambalur for further proceedings. For Petitioner : Mr.G.Ilamurugu For Respondent : Mrs.Usha Ramman Mr.P.Venkatesan

O R D E R

This Criminal Original Petition has been filed seeking for the transfer of the case in STC No.1512/2018, pending on the file of the Judicial Magistrate No.I, Perambalur. 2.This petition was filed by making certain allegations against the Judicial Officer. It is reported that the Judicial Officer has been shifted to some other Court on a routine transfer. In view of this development, the grievance expressed by the petitioner no longer survives. 3.The learned counsel for the petitioner submitted that even during the cross examination, the petitioner was asked questions pertaining to the bank account maintained by him. Therefore, the petitioner wants to mark the bank account statement by recalling himself and an application to that effect has also been filed before the Court below. The learned counsel submitted that the bank statement can be marked as exhibit and thereafter some time may be fixed for the Court below to complete the proceedings.

4.The learned counsel for the respondent submitted that the petitioner keeps making allegations against the judicial officers and seeks for transfer on a regular basis and this is one more instance where such an attempt was made by the petitioner. The learned counsel submitted that unless some time https://hcservices.ecourts.gov.in/hcservices/

limit is fixed by this Court, the petitioner will keep on dragging the case.

5.Taking into consideration the facts and circumstances of the case and also taking note of the subsequent development that has taken place, there shall be a direction to the learned Judicial Magistrate No.I, Perambalur to allow the application filed by the petitioner for recalling PW 1 for the purpose of marking the bank statement. The cross examination of PW 1 shall also be completed on the same day. The Judicial Magistrate No.I, Perambalur, is directed to complete the proceedings in STC No.1512/2018, within a period of three months from the date of receipt of a copy of this order. This criminal original petition is disposed of with the above directions. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CCC) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate-I, Perambalur.

2.-Do-Thro' The Chief Judicial Magistrate, Perambalur.

+1cc to M/s.Usha Ramman, Advocate Sr.No.7776 +1cc to M/s.G.Ilamuruga, Advocate Sr.No.8244 AKM/30.03.21 /2P-5C/ CRL.O.P.No.1067 of 2021 11.02.2021 https://hcservices.ecourts.gov.in/hcservices/