Madras High CourtCRL OP/2584/2023dismissed

K.Karthikeyan v. K.Sathya

2023-02-07Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN and Crl.M.P.No.1455 of 2023 K.Karthikeyan ... Petitioner Vs.

1. K.Sathya

2. K.Monica (Represented by mother and guardian K.Sathya) ... Respondents PRAYER : Criminal Original Petition filed under Section 407 of Cr.P.C., pleased to withdraw M.C.No.3 of 2021 on the file of the learned Judicial Magistrate No.I, Gobichettypalayam and transfer the same to the file of the learned Judicial Magistrate No.I, Tirupur.

For Petitioner : Mr.M.Devaraj 1/4

O R D E R

This Criminal Original Petition has been filed seeking to transfer the M.C.No.3 of 2021 to the file of the learned Judicial Magistrate No.I, Tirupur from the file of the learned Judicial Magistrate No.I, Gobichettypalayam.

2. Learned counsel for the petitioner submitted that the petitioner is a Bank Employee and he has been threatened by the respondent when he attended the hearing at learned Judicial Magistrate No.I, Gobichettypalayam, therefore, he filed this present petition to withdraw the case in M.C.No.3 of 2021 from the file of the learned Judicial Magistrate No.I, Gobichettypalayam and to transfer the same to the file of the learned Judicial Magistrate No.I, Tirupur.

3. When this Court enquired as to whether any police complaint was given with regard to the alleged threat made by the respondent, it is replied by the learned counsel for the petitioner that no complaint was given. Also, there is no material to substantiate the case of the petitioner that the respondent had threatened him.

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4. Therefore, this Court is of the view that the prayer sought for transfer of the case in M.C.No.3 of 2021 from the file of the learned Judicial Magistrate No.I, Gobichettypalayam to the file of the learned Judicial Magistrate No.I, Tirupur, cannot be entertained.

5. Accordingly, the Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed. 07.02.2023 ham Index: Yes/No Speaking/Non speaking order 3/4

G.CHANDRASEKHARAN, J.

ham and Crl.M.P.No.1455 of 2023 07.02.2023 4/4