Madras High CourtCRL OP/2384/2017dismissed

B.Karvannan, v. State Rep. By

2017-07-12Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.2384 of 2017 1.B. Karvannan 2.B.Vinayagamoorthy ... Petitioners/ Accused 1 & 2 Vs Stgate rep.by Inspector of Police, Palur Police Station Kanchipuram District. ... Respondent Prayer: Criminal Original Petition filed under Section 407 of Cr.P.C. to withdraw the case in C.C.No.371 of 2014 pending on the file of the Judicial Magistrate No.1, Chengalput and to transfer the same to any other Judicial Magistrate Court at Kanchipuram.

For Petitioners : Mr.K.M. Balaji For Respondent : Mr.P.Govindarajan, Additional Public Prosecutor

ORDER

This Criminal Original Petition has filed to withdraw the case in C.C.No.371 of 2014 pending on the file of the Judicial Magistrate No.1, Chengalput and to transfer the same to any other Judicial Magistrate Court at Kanchipuram.

2. The ground for transfer is that the petitioner is finding it difficult to travel to the court premises from his residence. In my opinion that cannot be a ground for transfer. Nevertheless, the learned counsel for the defacto complainant submitted that the case is ripe for trial.

3. The learned Additional Public Prosecutor submitted that in the present case the trial has been completed. Under these https://hcservices.ecourts.gov.in/hcservices/

circumstances it would be proper, if the proceedings of the Judicial Magistgrate No.1, Chengalput is expedited.

4. In fine, the petition seeking for transfer stands dismissed. However, there shall be a direction to the learned Judicial Magistrate No.1, Chengalput to complete the proceedings in C.C.No.371 of 2004 and dispose of the case within two months from the date of receipt of copy of this Order. The Petitioner as well as the defacto complainant and the respondent police also shall co-operate with the court below during the proceedings.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ggs To 1.The Judicial Magistrate NO.1 Chengalpet 2.The Judicial Magistrate Kancheepuram

3. The Inspector of Police, Palur Police Station Kanchipuram District.

4. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.Balaji Advocate sr 48993 +1 cc to Mr.Sivakumar Advocate sr 48991 Crl.O.P.No.2384 of 2017 mg(co) aa08/08/2017 https://hcservices.ecourts.gov.in/hcservices/