Madras High CourtCRL OP/710/2019disposed of

K.Dharani Perumal v. The Deputy Superintendent Of Police

2019-01-09Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.710 of 2019 K.Dharani Perumal ... Petitioner -VsState represented by, The Deputy Superintendent of Police, District Crime Branch, Anti - Land Grabbing Special Cell, Salem. (Crime No.42 of 2017) ... Respondent Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to transfer the entire case C.C.No.16 of 2018 in Crime No.42 of 2012 from the Judicial Magistrate No.I, Attur to the file of the Judicial Magistrate No.6 Salem and to fix a time frame for completing the trial on the file of the Judicial Magistrate No.6, Salem.

For Petitioner : M/s.S.Rayhan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed seeking to transfer the proceedings pending in C.C.No.16 of 2018 from the file of the Judicial Magistrate No.I, Attur to the file of the Judicial Magistrate No.VI, Salem.

2. The respondent police registered an FIR based on the complaint given by the petitioner in Crime No.42 of 2012 for an offence under Sections 120(b), 420, 423, 447, 465, 468 and 471 of IPC. On completion of the investigation, final report came to be filed before the Judicial Magistrate No.I, Attur.

3. The Chief Judicial Magistrate, Salem, by his proceedings dated 02.08.2018 has transferred the jurisdiction relating to all the criminal cases investigated by the District Crime Branch, Salem, to the Judicial Magistrate Court No.VI, Salem. https://hcservices.ecourts.gov.in/hcservices/

In view of the same, the final report which was filed before the Judicial Magistrate No.I, Attur, is kept pending without any further action being taken. Therefore, this petition has been filed seeking to transfer the proceedings.

4. This Criminal Original Petition is disposed of with a direction to the Judicial Magirstrate No.I, Attur, to immediately transfer the entire case records pending in C.C.No.16 of 2018, to the file of the Judicial Magistrate No.VI, Salem. This process shall be completed within a period of four weeks from the date of receipt of a copy of this order. Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar ssr/ub To

1. The Judicial Magistrate No.I, Attur.

2. The Judicial Magistrate No.VI, Salem.

3. The Public Prosecutor, High Court, Madras.

4.The Deputy Superintendent of Police, District Crime Branch, Anti - Land Grabbing Special Cell, Salem.

Crl.O.P.No.710 of 2019 nr 11/01/2019 https://hcservices.ecourts.gov.in/hcservices/