Madras High CourtCRL OP/28226/2013dismissed as infructuous

Mr.J.Chandresh v. Mr.V.Chinnappa

2020-01-31Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2020

CORAM:

THE HON'BLE MR.JUSTICE P.VELMURUGAN Criminal Original Petition Nos.28226 and 28227 of 2013 and M.P.Nos.1 and 1 of 2013 Mr.J.Chandresh S/o.Mr.R.V.Janakiraman.

... Petitioner in both Crl.O.Ps.

-vsMr.V.Chinnappa S/o.Mr.Vanga Reddiar.

...Respondent

in both Crl.O.Ps.

Common Prayer: Criminal Original Petitions filed under Section 482 Cr.P.C., to withdraw the C.C.No.3 and 4 of 2012 on the file of the learned Judicial Magistrate, Thirukoilur, and transfer the cases to the Court of Judicial Magistrate-I, Cuddalore, Cuddalore District.

(in both Crl.O.Ps.) For Petitioner : Mr.M.Baskaran For Respondent : No appearance.

****** COMMON ORDER The petitioner has filed these petitions seeking to withdraw C.C.No.3 and 4 of 2012 pending on the file of the learned Judicial Magistrate, Thirukoilur and transfer the same to the Court of Judicial Magistrate-I, Cuddalore, Cuddalore District. 2.The learned counsel for the petitioner would submit that the then Magistrate was influenced by the respondent and therefore, a fair trial could not be conducted. Hence, he seeks to transfer the same to some other Court.

3.Though notice has been served none appears on behalf of the respondent.

4.Heard the learned counsel for the petitioner and perused the records.

https://hcservices.ecourts.gov.in/hcservices/ 5.On a perusal of records, it is seen that the matters are pending from the year 2013. By this time, the Judicial

Magistrate, whom the petitioner refers to may not be continued in the same Court. Under such circumstances, this Court feels that nothing survives further in this petition. Accordingly, this Criminal Original Petition is dismissed as infructuous. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar rm To The Judicial Magistrate, Thirukoilur.

2.The Judicial Magistrate no.I, Cuddalore, Cuddalore District.

+1cc to Mr.M.Baskaran , Advocate SR.No. 7901 Crl.O.P. No.28226 & 28227 of 2013 A.SK(11/03/2020) https://hcservices.ecourts.gov.in/hcservices/