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Madras High CourtCRL OP/11241/2015dismissed

A.Janarthali Begam v. Muhamed Farook

2015-06-11Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.06.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.11241 of 2015 and M.P.No.1 of 2015 A.Janarthali Begam ... Petitioner Vs 1.Muhamed Farook 2.Rashamath Beevi 3.Kamal Batcha 4.The Inspector of Police, All Women Police Station, Athur, Salem District.

... Respondents Criminal Original Petition filed under Section 407 of Cr.P.C., praying to withdraw the case in CC.No.85 of 2014 pending on the file of learned Judicial Magistrate No.II at Athur, Salem District to transfer the same to the file of any Judicial Magistrate at Manaparai, Trichy District.

For Petitioner : Ms.Safia Syed For Respondents : Mr.C.Emalias, Addl. Public Prosecutor [for R4]

O R D E R

Seeking a prayer to withdraw the case in CC.No.85 of 2014 pending on the file of learned Judicial Magistrate No.II at Athur, Salem District to transfer the same to the file of any Judicial Magistrate at Manaparai, Trichy District, the present petition has been filed.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the 4th respondent and perused the materials placed on record.

3. The petitioner is the defacto complainant and seeks to transfer C.C.No.85/2014 from the file of the Judicial Magistrate II, Athur, Salem to any Judicial Magistrate at Manapparai, on the ground that Athur is very far away from the place where she is working.

4. Learned Additional Public Prosecutor represents that PW1 to PW4 have been examined in CC.No.85 of 2014 before the learned https://hcservices.ecourts.gov.in/hcservices/

Judicial Magistrate II, Athur and the case is posted for examination of other witnesses on 19.06.2014.

5. Under such circumstances, the case cannot be transferred to another Court. Hence, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is closed. gya s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To 1.The Judicial Magistrate No.II, Athur.

2.The Inspector of Police, All Women Police Station, Athur, Salem District.

3.The Public Prosecutor, High Court, Madras.

ala(co) prk24/6 CRL.OP.No.11241 of 2015 https://hcservices.ecourts.gov.in/hcservices/