C.Gopu v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN C.Gopu ... Petitioner Vs 1.The Inspector of Police, All Women Police Station - Tiruchengode, Namakkal District.

In Crime No.17 of 2024.

2.L.Yesuraj ... Respondents Prayer : Criminal Original Petition has been filed under Section 407 of Cr.P.C., and 447 of BNSS Act, 2023, pleased to withdraw the case in Spl.SC.No.57 of 2024 on the file of Learned Sessions Judge, Mahila Court of Namakkal and transfer the same to Learned Sessions Judge, Mahila Court of Krishnagiri.

For Petitioner : Mr.S.Bharanidharan For R1 : Mr.A.Gopinath, Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to withdraw the case in Spl.SC.No.57 of 2024 on the file of Sessions Judge, Mahila Court of Namakkal and transfer the same to Sessions Judge, Mahila Court of Krishnagiri.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the first respondent and perused the materials available on record.

3. The learned counsel for the petitioner would submit that the petitioner is an accused and facing charges for the offence punishable under the POCSO Act. Most of the witnesses are hailing from Krishnagiri district and as such, if the entire trial is transferred to Krishnagiri district, it will be convenient for other witnesses.

4. The learned Government Advocate (Crl. Side) appearing for the first respondent submitted that the witnesses are hailing from Namakkal and

no connected case is pending in the district of Krishnagiri. That apart, the entire trial cannot be transferred for the convenience of the accused.

5. In view of the above, this Court finds no reason for transfer of entire trial in Spl.SC.No.57 of 2024 on the file of Sessions Judge, Mahila Court of Namakkal to any other Court. However, the Trial Court is directed to complete the Trial in Spl.SC.No.57 of 2024, within a period of six months from the date of receipt of a copy of this order.

6. Accordingly, this Criminal Original Petition is dismissed. 26.03.2025 Index:Yes/No Speaking Order: Yes/No mn G.K.ILANTHIRAIYAN,J.

mn

To 1.The Learned Sessions Judge, Mahila Court, Namakkal.

2.The Inspector of Police, All Women Police Station - Tiruchengode, Namakkal District.

3.The Public Prosecutor, High Court, Madras.

26.03.2025