Madras High CourtCRL OP/931/2019disposed of

Palanimuthu v. The Inspector Of Police

2019-01-10Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.931 of 2019 Palanimuthu ... Petitioner Vs.

State rep. by The Inspector of Police, Anti Land Grabbing Special Cell, District Crime Branch, Salem District.

...Respondent

Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to direct the learned Judicial Magistrate II, Attur to transfer the entire case papers including the final report along with the FIR in C.C.No.36 of 2018 to the Court of the learned Judicial Magistrate VI, Salem, Salem District. For Petitioner : Mr.C.P.Sivamohan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed seeking for a direction to the learned Judicial Magistrate II, Attur to transfer the entire case papers including the final report along with the FIR in C.C.No.36 of 2018 to the Court of the learned Judicial Magistrate VI, Salem.

2. The respondent police registered an FIR based on the complaint given by the petitioner in Crime No.9 of 2015 for an offence under Sections 465, 468, 471, 294(b) and 506(1) IPC. On completion of the investigation, final report came to be filed before the Judicial Magistrate No.II, 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 https://hcservices.ecourts.gov.in/hcservices/

Crime Branch, Salem, to the Judicial Magistrate Court No.VI, Salem. In view of the same, the final report which was filed before the Judicial Magistrate No.II, 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.II, Attur, to immediately transfer the entire case records pending in C.C.No.36 of 2018 including the final report, to the file of the learned 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/- Assistant Registrar(J) //True copy// Sub Assistant Registrar rli/rka To

1. The Judicial Magistrate No.I, Attur.

2. The Judicial Magistrate No.VI, Salem.

3. The Inspector of Police, Anti Land Grabbing Special Cell, District Crime Branch, Salem District.

4. The Public Prosecutor, High Court, Madras. +1cc to Mr.C.P.Sivamohan, Advocate SR.No.3335 Crl.O.P.No.931 of 2019 GMY(08/02/2019) https://hcservices.ecourts.gov.in/hcservices/