Veeran v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Veeran ... Petitioner Vs

1. State Rep.By, The Inspector of Police, Tirukkoyilur Police Station, Kallakurichi District -605 757.

2. Saravanakumar ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 482 of Cr.P.C, to setting aside the order dated 22.11.2024 passed by the learned Chief Judicial Magistrate, Kallakurichi, dismissing Crl.M.P.No.225 of 2024. For Petitioner : Mr.B.Harikrishnan For Respondent : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed setting aside the order dated 22.11.2024 passed by the learned Chief Judicial Magistrate, Kallakurichi.

2. Heard the learned counsel for the petitioner and the learned

Government Advocate (Crl.side) for the first respondent and perused the materials placed on record.

3. The learned counsel for the petitioner would submit that the petitioner is facing trial for the offences punishable under Sections 465, 468, 471 and 420 of IPC in C.C.No.31 of 2024. Pending trial, the petitioner filed an application for transfer of entire trial before the Chief Judicial Magistrate, Kallakurichi in C.M.P.No.225 of 2024. However, it was dismissed, by an order dated 22.11.2024, on the ground that in order to drag the proceedings and also in order to escape from the clutches of law, the petitioner filed a petition seeking transfer. He further submitted that the petitioner is a physically challenged person and he is an Advocate. The Trial Court had openly threatened the petitioner, that he will be convicted for the charges framed as against the petitioner. Therefore, he would not get a fair trial from the Trial Court and sought for transfer of the entire trial.

4. On instructions, the learned Government Advocate (Crl.side) appearing for the respondent would submit that the petitioner is not at all an Advocate. He is an Advocate Clerk and he had fabricated the records of the Bar Council and posed himself as an Advocate and practices before the Trial Court.

That apart, now, the entire trial has been completed and it is posted for Judgment on 19.03.2025. Therefore, the Chief Judicial Magistrate had rightly dismissed the petition and this Court, finds no infirmity or illegality in the order passed in Crl.M.P.No.225 of 2024 dated 22.11.2024.

5. Accordingly, this Criminal Original Petition stands dismissed. 18.03.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn G.K.ILANTHIRAIYAN. J, mn

To

1. The Chief Judicial Magistrate, Kallakurichi.

2. The Inspector of Police, Tirukkoyilur Police Station, Kallakurichi District -605 757.

3. The Public Prosecutor, High Court, Madras.

18.03.2025