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Madras High CourtCRL RC/1412/2016dismissed

S.Srinivasan, Age-57 v. G.M.Radhakrishnan

2016-12-19Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2016

CORAM

THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.R.C.No.1412 of 2016 and Crl.M.P.No.12342 of 2016 S.Srinivasan S/o.K.Subramani ... Petitioner vs G.M.Radhakrishnan ... Respondent Criminal Revision filed under section 397 r/w 401 of the Code of Criminal Procedure, against the order of learned Chief Metropolitan Magistrate, Allikulam, Chennai in Tr.C.M.P.No.7642 of 2016 to transfer the case in C.C.No.1780 of 2015 pending before the Fast Track Court, Court - IV (Magesterial Level) George Town, Chennai.

For Petitioner : Mr.J.C.Durairaj For Respondent : Mr.S.Sundar

O R D E R

This revision arises against the order of learned Chief Metropolitan Magistrate, Allikulam, Chennai in Tr.C.M.P.No.7642 of 2016 to transfer the case in C.C.No.1780 of 2015 pending before the Fast Track Court, Court - IV (Magesterial Level) George Town, Chennai.

2. Petitioner is the accused in C.C.No.1780 of 2015 pending on the file of Fast Track Court IV, (Magesterial Level), George Town, Chennai. Learned counsel for petitioner alleges that during the course of Advocates boycott, when the petitioner was instructed to appear before Court. He was threatened by the Presiding Officer of Court and hence petitioner apprehending that he may not get justice moved Tr.C.M.P.No.7642 of 2016 to transfer the case to any other Court in Chennai. Learned Chief Judicial Magistrate after careful scrutiny of the said allegations has found that the petitioner has not produced any documentary evidence to prove the allegations made by the petitioner and the same has been filed only to protract the https://hcservices.ecourts.gov.in/hcservices/

proceedings. By the order under challenge, Court below dismissed the transfer petition moved by the petitioner. Hence, this revision.

3. Heard learned counsel for petitioner and learned counsel for respondent.

4. We find contentions of learned counsel for petitioner unacceptable. Learned counsel for respondent, on the other hand, has placed before this Court certified copies of petitions filed u/s. 317 Cr.P.C filed by the petitioner towards contending that petitioner has been protracting proceedings. This Court finds no error in the order under challenge. Finding no merits, Criminal Revision case shall stand dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To The Chief Metropolitan Magistrate, Allikulam, Chennai +1cc to Mr.Sundar, Advocate, S.R.No.73821 AD(CO) RS(22/02/2017) Crl.R.C.No.1412 of 2016 https://hcservices.ecourts.gov.in/hcservices/