Madras High CourtCRL OP/7280/2025disposed of

R.Saravanan v. Nagaraj

2025-04-17Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN R.Saravanan ... Petitioner Vs

1. Nagaraj

2. M.Abdul Azees

3. K.Gobinath

4. Thangavel

5. M.Ravi ... Respondents PRAYER: Criminal Original Petition is filed under Section 447 Bharatiya Nagarik Suraksha Sanhita, 2023, to transfer STC.No.651 of 2021 on the file of Learned Judicial Magistrate, Coonoor to any other appropriate Judicial Magistrate Court having Jurisdiction.

For Petitioner : Mr.T.Gobinath For Respondents : Mr.D.H.Rajkumar

ORDER

This Criminal Original Petition has been filed to transfer STC.No.651 of 2021 on the file of Learned Judicial Magistrate, Coonoor to any other appropriate Judicial Magistrate Court having Jurisdiction.

2. Heard both sides and perused the materials available on record.

3. The petitioner is the complainant and the respondents are the accused. The petitioner filed a private complaint and the same has been taken cognizance in S.T.C.No.651 of 2021 for the offence punishable under Sections 294(b), 323, 341, 506(1) of IPC. Now, the petitioner came forward with this petition to transfer the entire trial, on the ground that he met some threat at the hands of the respondent. Further, the petitioner lodged a complaint along with the documents. The document No.7 in the complaint is missing viz., Pen drive and CD in respect of the occurrence. Therefore, the petitioner was unable to mark some of the documents at the time of chief examination.

4. Though the petitioner faced threat at the hands of the respondent, in order to prove the same, no complaint has been lodged before the Trial Court. Therefore, it does not mean to transfer the trial from the trial Court in S.T.C. No.651 of 2021.

5. However, this Court is inclined to direct the Trial Court to complete the Trial in S.T.C.No.651 of 2021, within a period of six months from

the date of receipt of a copy of this order. It is made clear that the petitioner is at liberty to mark the Pendrive and CD before the Trial Court by appropriate application.

6. Accordingly, this Criminal Original Petition is disposed of. 17.04.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn To The Judicial Magistrate, Coonoor.

G.K.ILANTHIRAIYAN. J, mn 17.04.2025