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Madras High CourtCRL OP/10333/2022ordered

S.Sivasuriyan v. The State Rep By Its

2022-07-06Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 6/7/2022 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR a n d Crl.M.P.No.6142 of 2022 S. Sivasuriyan ...

Petitioner Vs

1. The State rep. By The Inspector of Police Central Crime Branch, Team 15 Vepery Chennai 600 007.

2. S. Vasantha

3. Abdulla Haroon

4. Ibrahim ...

Respondents PRAYER : Criminal Original Petitions filed under Section 482 of Cr.P.C. to transfer the case in C.C.No.20 of 2022 on the file of the learned Special Judgecum-Judicial Magistrate Court No.II (Land Grabbing) at Thiruvallur, to the learned Special Metropolitan Magistrate No.II (Land Grabbing) at Allikulam. Page No:1/4

For Petitioner ...

Mr.Aaruseela Sudhakar For Respondents ...

Mr.Leonard Arul Joseph Selvam Government Advocate (Criminal Side) for R.1 Mr.K. Dillibabu for R.R.2 and 4.

No appearance for R.3.

- - - - -

O R D E R

This Criminal Original Petition has been filed to transfer the case in C.C.No.20 of 2022 on the file of the learned Special Judge-cum-Judicial Magistrate Court No.II (Land Grabbing) at Thiruvallur, to the learned Special Metropolitan Magistrate No.II (Land Grabbing) at Allikulam.

2. Heard Mr.Aaruseela Sudhakar, learned counsel for the petitioner, Mr.Leonard Arul Joseph Selvam, learned Government Advocate (Criminal Side) for the first respondent and Mr.K. Dillibabu, learned counsel for the respondents 2 to 4.

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3. The learned counsel appearing for the petitioner submitted that already three cases which are similar in nature are pending before the learned Special Metropolitan Magistrate No.II (Land Grabbing) at Allikulam and hence for the sake of convenience of parties, and to avoid conflicting decision, seeks for transfer from the file of the learned Special Judge-cum-Judicial Magistrate Court No.II (Land Grabbing) at Thiruvallur, to the learned Special Metropolitan Magistrate No.II (Land Grabbing) at Allikulam.

4. The learned Government Advocate (Criminal Side) for the first respondent reiterated the submission made by the learned counsel for the petitioner and further submitted that he has no objection for transfer.

5. In order to avoid conflicting decision and also taking into consideration the fact that already three cases are pending before the learned Special Metropolitan Magistrate No.II (Land Grabbing) at Allikulam. this Court is inclined to transfer C.C.No.20 of 2022 from the file of the learned Special Judge-cum-Judicial Magistrate Court No.II (Land Grabbing) at Thiruvallur, to the learned Special Metropolitan Magistrate No.II (Land Grabbing) at Allikulam.

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6. Accordingly, this Criminal Original Petition is allowed and C.C.No.20 of 2022 is transferred from the file of the learned Special Judgecum-Judicial Magistrate Court No.II (Land Grabbing) at Thiruvallur, to the learned Special Metropolitan Magistrate No.II (Land Grabbing) at Allikulam. Consequently, connected Criminal Miscellaneous Petition No.6142 of 2022 is closed.

6/7/2022 Index : Yes / No Internet: Yes Speaking/non speaking order mvs.

To

1. The Inspector of Police Central Crime Branch, Team 15 Vepery Chennai 600 007.

2. V 5 Tirumangalam Police Station, Tirumangalam, Chennai

3. The Public Prosecutor High Court Page No:4/4

Madras.

N. SATHISH KUMAR, J mvs.

6/7/2022 Page No:5/4