Madras High CourtCRL OP/670/2017disposed of

Venkatesan v. State Represented By

2017-06-05Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2017

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.670 of 2017 Venkatesan ... Petitioner/Accused Vs

1. State rep. By its The Inspector of Police, W-25, All Women Police Station, T.Nagar, Chennai 600 017.

... Respondent/Complainant 2.Nalankilli (R2 impleaded as per order of this Court dt:25/4/17) .. Respondent/Defacto Complainant Criminal Original Petition filed under Section 407 Cr.P.C. to withdraw and transfer S.C.No.212 of 2016 from Mahila Court,Chennai to any other court in Chennai.

For Petitioner :

*J.Saravanan For Respondent-1 :

Mr.M.Mohamed Riyaz Govt. Advocate (Crl.side) For Respondent 2 : *J.Saravanavel

ORDER

The present criminal original petition has been filed seeking a direction to withdraw S.C.No.212 of 2016 from the file of Mahila Court, Chennai and transfer the same to any other competent court in Chennai.

2. Under Section 407 of the Criminal Procedure Code, no application shall lie to the High Court for transferring a case from one Criminal Court to another Criminal Court in the same sessions division, unless an application for such transfer has been made to the Sessions Judge and rejected by him.

3. It is evident that the petitioner has not yet moved the Sessions Court. If that being the factual position, the petitioner is permitted to present the paper before the Sessions https://hcservices.ecourts.gov.in/hcservices/

Court within a period of two weeks, from the date of receipt of a copy of this order and on such presentation being made, necessary order be passed.

4. With the above observation, this Criminal Original petition is disposed of. Consequently, connected miscellaneous petitions are closed.

Sd/- Asst.Registrar (CS IV ) *Corrected as per letter dated 02/08/2017 -s/dSub Assistant Registrar dt:16/08/2017 /true copy/ Sub Asst. Registrar smi To

1. The Inspector of Police, To be Substituted the order already despatched on W-25, All Women Police Station, 22/06/2017 T.Nagar, Chennai 600 017.

2. The Public Prosecutor, High Court, Madras.

+2cc to Mr.Saravanan, Advocate in Sr.No.39908(21/06/2017) Crl.O.P.No.670 of 2017 NR(15/06/2017) aa16/08/2017 https://hcservices.ecourts.gov.in/hcservices/