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Madras High CourtCRL OP/7868/2019disposed of

R.Shanmugavadivel v. M.Seetha

2019-08-21Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2019

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.7868 of 2019 R.Shanmugavadivel ... Petitioner Vs.

M.Seetha ... Respondent Prayer: Criminal Original Petition is filed under Section 407 of Criminal Procedure Code, to transfer the M.C.No.44 of 2018 pending on the file of the Chief Judicial Magistrate, Tiruppur to any other Court in Coimbatore District.

For Petitioner : Mr.S.P.Meenakshi Sundharam For Respondents : No Appearance

O R D E R

This petition has been filed seeking to transfer the proceedings in M.C.No.44 of 2018, pending on the file of the Chief Judicial Magistrate, Tiruppur.

2.The respondent has initiated proceedings under Section 125 of Cr.P.C. against the petitioner seeking for maintenance. 3.The only ground that has been raised before this Court for transferring the proceedings is that the petitioner is a practicing Advocate before the same Court at Tiruppur and therefore it will be embarrassing for him to appear in the Court. 4.Heard the learned counsel appearing for the petitioner. The respondent has been served with the notice and her name has also been printed in the cause list. However, there is no representation for the respondent.

5.Taking into consideration the facts of the case, the proceedings in M.C.No.44 of 2018, pending on the file of the Chief Judicial Magistrate, Tiruppur is withdrawn and transfered to the file of the Judicial Magistrate, Palladam. The Chief https://hcservices.ecourts.gov.in/hcservices/

Judicial Magistrate, Tiruppur is directed to transfer the case records within a period of two weeks from the date of receipt of copy of this order. The Judicial Magistrate, Palladam shall complete the proceedings within a period of three months thereafter.

6.This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar (CS-) //True Copy// Sub Assistant Registrar vs To 1.The Chief Judicial Magistrate, Tiruppur.

2.The Judicial Magistrate, Palladam.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.P.Meenakshi Sundharam Advocate, S.R.No.71870 MP(CO) CB(26/09/2019) Crl.O.P.No.7868 of 2019 https://hcservices.ecourts.gov.in/hcservices/