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Madras High CourtCRL OP/30507/2015dismissed

Mr.P.Baladhandautham v. M/S.Aadithiya Energy

2019-07-22Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.07.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.30507 of 2015 and Crl.M.P.No.1 of 2015 P.Baladhandautham

...Petitioner

-VsM/s.Aadithiya Energy, Proprietor, Mr.Aswin Balasubramaniam, 94-A/115, first Street, Valluvar Street, Sivananda Colony, Coimbatore-641 012. ...Respondent Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to withdraw S.T.C.No.712 of 2015 before the Judicial Magistrate No.1, Coimbatore and to transfer the same to any other Court except Coimbatore District. For Petitioner : Mr.R.Munuswamy For Respondent : Mr.Santhana Raman

ORDER

This Petition has been filed seeking for transfer of all proceedings in S.T.C.No.712 of 2015, pending on the file of the Judicial Magistrate No.1, Coimbatore to any other Court. 2.The transfer petition has been filed mainly on the ground that the petitioner is facing threat from the respondent and he is being forced to settle the matter with the respondent. 3.Heard the learned counsel for the petitioner. 4.The learned counsel for the respondent submitted that the trial has already commenced and P.W.1 has been cross examined in part.

5.Taking into consideration the facts and circumstances of this case, this Court is not inclined to transfer the https://hcservices.ecourts.gov.in/hcservices/

proceedings at this stage. It is seen that this Court did not grant any stay of proceedings in the year 2015. That apart, the case is now at the stage of trial.

6.Accordingly, this Criminal Original Petition is dismissed and the Court below is directed to complete the proceedings in S.T.C.No.712 of 2015, within a period of three months from the date of receipt of copy of this order. Consequently, connected miscellaneous petition is closed.

tta Sd/- Assistant Registrar(C.O) //True Copy// Sub Assistant Registrar To 1.The Judicial Magistrate No.1, Coimbatore

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

+1cc to Mr.M.Santhanaraman, Advocate, SR.No. 63450/19 +1cc to Mr.R.Munusamy, Advocate, SR.No.62601/19 Crl.O.P.No.30507 of 2015 Kak(16/09/2019) https://hcservices.ecourts.gov.in/hcservices/