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Madras High CourtCRL OP/455/2009disposed of

Electoral Registration v. C.Ve.Shanmugam

2015-03-13Honourable Mr Justice R.S.Ramanathan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2015

CORAM

The Hon'ble Mr. Justice R.S.Ramanathan Crl.O.P.Nos.455 to 459 of 2009 and M.P.No.1 of 2009 (5 in Nos.) Electoral Registration Officer, Gingee Assembly Constituency, (Revenue Divisional Officer) Tindivanam.

...Petitioner in all Crl.O.P.s

vs.

C.Ve. Shanmugam

...Respondent in all Crl.O.P.s

Prayer in Criminal Original Petition No.455 of 2009: Petition filed under Section 407 of the Criminal Procedure Code praying to set aside the order, dated 13.11.2008, passed in Crl.M.P.No.1453 of 2008 (common order passed in Crl.M.P.Nos.1453 to 1457 of 2008) in C.C.No.41 of 2007, on the file of the Judicial Magistrate, Gingee and to direct the concerned Court to transfer the said case to the Judicial Magistrate, Gingee. Prayer in Criminal Original Petition No.456 of 2009: Petition filed to set aside the order, dated 13.11.2008, passed in Crl.M.P.No.1454 of 2008, (common order passed in Crl.M.P.Nos.1453 to 1457 of 2008) in C.C.No.42 of 2007, on the file of the Judicial Magistrate, Gingee, and to direct the concerned Court to transfer the said case to the Judicial Magistrate, Gingee. Prayer in Criminal Original Petition No.

457 of 2009: Petition filed to set aside the order, dated 13.11.2008, in Crl.M.P.No.1455 of 2008, (common order passed in Crl.M.P.Nos.1453 to 1457 of 2008)in C.C.No.42 of 2006, on the file of the Judicial Magistrate, Vanur, and to direct the concerned Court to transfer the said case to the Judicial Magistrate, Vanur .

Prayer in Criminal Original Petition No.458 of 2009: Petition filed to set aside the order, dated 13.11.2008, passed in Crl.M.P.No.1456 of 2008, (common order passed in Crl.M.P.Nos.1453 to 1457 of 2008) in C.C.No.3 of 2006, on the file of the Judicial Magistrate, No.II. Villupuram, and to direct the concerned Court to transfer the said case to the Judicial Magistrate No.II, Villupuram. Prayer in Criminal Original Petition No.459 of 2009: Petition filed to set aside the order, dated 13.11.2008, passed in Crl.M.P.No.1457 of 2008, (common order passed in Crl.M.P.Nos.1453 to 1457 of 2008) in C.C.No.2 of 2006, on the file of the Judicial Magistrate, No.I. Villupuram, and to direct the concerned Court to transfer the said case to the Judicial Magistrate No.I, Villupuram. For Petitioner : Mr.S.Shanmuga Velyaudham Public Prosecutor.

For Respondent : Mr.R.Parthasarathy COMMON O R D E R These Criminal Original Petitions are filed by the petitioner, challenging the common order, dated 13.11.2008, passed by the learned Chief Judicial Magistrate, Villpuram District, in Crl.M.P.Nos.1453 to 1457 of 2008.

2. It is submitted by Mr.S.Shanmuga Velyaudham, the learned Public Prosecutor for the petitioner that, by virtue of the aforesaid common order, all the cases, viz. the cases in i) C.C.Nos.41 and 42 of 2007, respectively on the file of the Judicial Magistrate, Gingee, ii) C.C.No.42 of 2006, on the file of the Judicial Magistrate, Vanur, iii) C.C.No.3 of 2006, on the file of the Judicial Magistrate, No.II, Villpupuram and iv) C.C.No.2 of 2006, on the file of the Judicial Magistrate No.1, Villpuram, were transferred to the file of Judicial Magistrate, No.1, Tindivanam, for joint trial. The learned Public Prosecutor submitted that, having regard to the date of the order, suitable direction may be given to the learned Judicial Magistrate No.1, Tindivanam, to dispose of the aforesaid Calender Cases within the stipulated time.

3.

Considering the fact that the order was passed on 13.11.2008, and all the cases were transferred to the Judicial Magistrate No.I, Tindivanam, and only four witnesses were involved in all cases, these Criminal Original Petitions are disposed of, by directing the learned Judicial Magistrate No.I, Tindivanam, to dispose of the cases in C.C.No.2 of 2006, C.C.No.3 of 2006, C.C.No.42 of 2006, C.C.No.41 of 2007 and C.C.No.42 of 2007, within a period of

three months from the date of receipt of a copy of this order. Consequently, connected M.Ps are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sd To 1.The Judicial Magistrate No.I, Tindivanam.

2.The Judicial Magistrate, Gingee.

3.The Judicial Magistrate, Vanur 4.The Judicial Magistrate NO.I, Villupuram 5.The Judicial Magistrate No.II, Villupuram 1 cc to The Public Prosecutor, High Court, Madras Sr.No.14484 Crl.O.P.Nos.455 to 459 of 2009 rsk(co) pmk.27.3.2015