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Madras High CourtCRL OP/4433/2015dismissed for nonprosecution

P.Prakash Chand, v. State By

2023-08-07Honourable Mr Justice V.Sivagnanam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-08-2023

CORAM

HONOURABLE MR JUSTICE V.SIVAGNANAM CRL OP. 4433 of 2015 & M.P.No.1 of 2015 and CRL O.P.No.4433 of 2015

1. P.Prakash Chand

2. Ramesh

3. Naresh

4. Anand

5. Kanchan Bai,

6. Saroja ... Petitioners Vs The State by Inspector of Police, Thirukoilur Police Station, Villupuram District.

CR.NO.862 OF 2012 Respondent Deputy Registrar (Crl.side) High Court, Madras .. Petitioner Vs

1. Inspector of Police, Thirukoilur Police Station, Villupuram District.

(Cr.No.863 of 2012) 1/5

2. K. Raghavan, Advocate Thirukoilur.

..Respondents Prayer in Crl.O.P.No. 4433 of 2015 : Criminal Original Petition filed under section 482 of Cr.P.C., to withdraw the case in C.C.No.495 of 2013 on the file of the learned Judicial Magistrate, Thirukoilur and transfer the same to the file of any other Judicial Magistrate Courts at Cuddalore. Prayer in Suo Motu Crl.O.P.No.18417/2016: to transfer the case in C.C.No.495 fo 2013 on the file of the Judicial Magistrate, Thirukoilur, Villupuram District to any other judicial Magistrate Court. For petitioners in CRL OP. 4433 of 2015 : No appearance For Respondent in CRL OP. 4433 of 2015 : Mr.L.Baskaran, Govt. Advocate (crl.side) For petitioner in suo motu CRL OP. 18417/2016 : Deputy Registrar (crl.side) For Respondent in suo motu CRL OP. 18417/2016 : Mr.L.Baskaran, Govt. Advocate (crl.side)-R1 C O M M O N O R D E R Crl.O.P.No.4433 of 2015:

Today , when the matter is called, there is no representation for the petitioner either in person or through counsel. Hence the petitioner is called absent. Considering the fact that the case is pending from 2015, this Criminal Original Petition is dismissed for non prosecution. Consequently, the connected 2/5

miscellaneous petition is closed.

It appears that this Court, by order dated 26.07.2016 made in R.O.C.No.12905/2014-B3/(Complaint Cell) directed the Registry to register a suo motu case for transferring C.C.No.495 of 2013 on the file of the Judicial Magistrate, Thirukoilur, Villupuram District to any other Judicial Magistrate Court.

2. Accordingly, a suo motu Crl.O.P.No.18417 of 2016 is registered by the Deputy Registrar (crl.side), High Court seeking to transfer the C.C.No.495 of 2013 on the file of the Judicial Magistrate, Thorukoilur, Villupuram District to any other Judicial Magistrate Court

3. In view of the above, this Criminal Original Petition is allowed. The case in C.C.No.495 of 2013 pending on the file of the learned Judicial Magistrate, Thirukoilur, Villupuram District is hereby transferred to the file of learned Judicial Magistrate I, Villupuram. The learned Judicial Magistrate, Thirukoilur is hereby directed to send all the case records pertaining to C.C.No.495 of 2013 to the learned Judicial Magistrate I, Villupuram, who shall dispose of the case in C.C.No.495 of 2013 within a period of six months 3/5

after appearance of the parties.

4. The Suo Motu Crl.O.P.No.18417 of 2016 is allowed accordingly. 07-08-2023 Index: Yes/No Internet: Yes msr To

1. The Judicial Magistrate, Thirukoilur.

2. The Judicial Magistrate No.I, Villupuram.

3. The Inspector of Police, Thirukoilur Police Station, Villupuram District.

V. SIVAGNANAM, J.

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msr CRL OP. 4433 of 2015 & MP.No.1 of 2015 and 07.08.2023 5/5