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Madras High CourtCRL OP/4496/2020dismissed

Barani Minerals And Chemicals v. M/S.Ultramarine And Pigments Limited

2020-03-06Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P. No. 4496 of 2020 and Crl.M.P. No. 2577 of 2020 Barani Minerals & Chemicals Represented by its P.Barani C-64, TNHB Maniayanoor, Salem II- 636 010.

... Petitioner/ Appellant Vs.

M/s.Ultramarine & Pigments Limited, Represented by its Manager-Account Palanisamy, S/o.S.Arumugam, 25-B, SIPCOT, Ranipet, Vellore District.

... Respondent/Complainant PRAYER: Criminal Original Petition is filed under Section 407 of the Code of Criminal Procedure, to withdraw Crl.A.No. 55 of 2019 on the file of the Principal District and Sessions Judge at Vellore and transfer the same on the file of Principal District and Sessions Judge at Salem to try the same or any other Court. For Petitioner : Mr.D.Bharathy

ORDER

This Criminal Original Petition has been filed seeking to withdraw Crl.A.No. 55 of 2019 on the file of the Principal District and Sessions Judge at Vellore and transfer the same on the file of Principal District and Sessions Judge at Salem.

2. Heard the learned counsel appearing for the petitioner.

3.This Court finds that absolutely there is no reason stated in the petition for transferring the appeal in Crl.A.No.55 of 2019. Further, though the learned counsel https://hcservices.ecourts.gov.in/hcservices/

appearing for the petitioner submitted that there is a threat by the respondent while attending the Court in Crl.A.No.55 of 2019 pending on the file of Principal District and Sessions Judge at Vellore, there is no proof to prove the same and no complaint has been lodged by the petitioner to that effect. Therefore, this Court does not find any merit in this petition. Accordingly, this Criminal Original Petition is dismissed. However, the lower appellate Court viz., Principal District and Sessions Judge, Vellore is directed to dispose of the appeal in Crl.A.No.55 of 2019 within a period of six months from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ARI To

1. The Principal District and Sessions Judge, Vellore.

2.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.D.Bharathy, Advocate in the SR.NO.20956 of 2020. Crl.O.P. No. 4496 of 2020 and Crl.M.P. No. 2577 of 2020 RJI(co) ADL / 26.05.2020 https://hcservices.ecourts.gov.in/hcservices/