Madras High CourtCRL OP/3317/2025dismissed

Harikrishnan v. Abhirami

2025-02-10Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.2211 of 2025

1. Harikrishnan

2. Selvam ... Petitioners Vs

1. Abhirami

2. Senthil

3. Ravi

4. T.Manickam

5. Vengatesan ... Respondents PRAYER: Criminal Original Petition is filed under Section 447 of Bharatiya Nagarik Suraksha Sanhita, 2023, to withdraw the proceedings pending in private complaint S.T.C.No.352 of 2022 from the file of the District Munsif Cum Judicial Magistrate at Vanur, Villupuram District and transfer the same to the file of any competent court in Tiruvannamalai District. For Petitioners : Mr.T.Selvasivakumar

ORDER

This petition has been filed seeking transfer of entire trial in S.T.C.No.352 of 2022 from the file of the District Munsif Cum Judicial Magistrate at Vanur, Villupuram District to the file of any competent court in

Tiruvannamalai District.

2. Heard the learned counsel for the petitioners and perused the materials available on record.

3. The petitioners are accused in the complaint lodged by the first respondent for the offences punishable Sections 147, 294(b), 420 and 34 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act. The petitioners are arrayed as A1 and A2 and the respondents 2 to 5 are other accused persons. The only apprehension of the petitioners is that already the petitioners approached the Chief Judicial Magistrate, Villupuram in CMP.No.7667 of 2024 in STC.No.352 of 2022 seeking transfer of the case. However, it was dismissed on the ground that the petitioners ought to have approached this Court under Section 407 of Cr.P.C.

4. In view of the above, there is absolutely no ground to transfer the entire trial that too on the request made by the accused. The petitioners cannot decide the Trial Court for their whims and fancies. The Trial Court is directed to complete the trial in STC.No.352 of 2022 within a period of six months from

the date of receipt of a copy of this order.

5. Accordingly, this Criminal Original petition is dismissed. Consequently, connected Miscellaneous petition is closed. 10.02.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The District Munsif Cum Judicial Magistrate at Vanur, Villupuram District.

2. The Public Prosecutor, High Court, Madras.

10.02.2025