Madras High CourtCRL OP/5368/2024dismissed

Moganathan v. Inspector Of Police

2025-06-13Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No. 5368 of 2024 and Crl.M.P.No.3922 of 2024

1. Moganathan

2. Somu @ Somasundaramoorthy

3. Kavitha @ Myvizhiselvi

4. S.R.Sivasamy

5. Ramayal ... Petitioners Vs

1. The State represented by The Inspector of Police, Sathyamangalam Police Station, Erode District.

2. T.Thangamani ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS 2023, seeking to withdraw the case in C.C.No.49 of 2021 on the file of the learned Judicial Magistrate No.I, Erode and to transfer the same to any other competent Judicial Magistrate Court to try the case. For Petitioners : Mr.M.Guruprasad

For R1 : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking to withdraw the case in C.C.No.49 of 2021 on the file of the learned Judicial Magistrate Court No.I, Erode and to transfer the same to any other competent Judicial Magistrate Court to try the case.

2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondentPolice and perused the materials available on record. 3.Learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that the learned Judicial Magistrate is designated to deal with the cases related to elected MPs and MLAs. The petitioners have made so many allegations as against the Presiding Officer and hence, they seeks to transfer the case to some other Court. He

submitted that the Presiding Officer has been transferred to some other Court.

4. In such view of the matter, this Court is not inclined to pass any order in this petition. Hence, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. 13.06.2025 mfa Index:Yes/No Speaking Order: Yes/No To

1. The Judicial Magistrate No.I, Erode

2. The Inspector of Police, Sathyamangalam Police Station, Erode District.

3. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J mfa Crl.O.P.No. 5368 of 2024 and Crl.M.P.No.3922 of 2024 13.06.2025