Dr.S.Dhanalakshmi v. J.Karthikeyan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :10.01.2018

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.Nos.8657 & 8658 of 2012 and M.P.Nos.1 & 1 of 2012 Dr.S.Dhanalakshmi .. Petitioner in both the Crl.O.Ps Vs.

J.Karthikeyan .. Respondent in Crl.O.P.No.8657 of 2012 K.Murugesan .. Respondent in Crl.O.P.No.8658 of 2012 PRAYER in Crl.O.P.No.8657 of 2012: Criminal Original Petition filed under Section 482 Cr.P.C. praying to withdraw the criminal case in S.T.C.No.719 of 2011 on the file of the Judicial Magistrate Court No.2, Tiruppur and to transfer the same to Judicial Magistrate No.I or No.II at Erode or any other court having competent jurisdiction to try the case at Erode. PRAYER in Crl.O.P.No.8658 of 2012: Criminal Original Petition filed under Section 482 Cr.P.C. praying to withdraw the criminal case in S.T.C.No.240 of 2011 on the file of the Fast Track Judicial Magistrate, Theni and to transfer the same to Judicial Magistrate No.I or No.II at Erode or any other court having competent jurisdiction to try the case at Erode. For Petitioner :Mr.N.Manokaran in both the Crl.O.Ps For Respondents:No appearance in both the Crl.O.Ps

O R D E R

These petitions have been filed seeking to transfer the proceedings in criminal case in S.T.C.No.719 of 2011 on the file of the learned Judicial Magistrate Court No.2, Tiruppur and S.T.C.No.240 of 2011 on the file of the learned Fast Track Judicial Magistrate, Theni, to the learned Judicial Magistrate No.I or No.II at Erode.

Today, when the matter was called, the learned counsel for the petitioner submitted that trial has already commenced in S.T.C.No.719 of 2011 and S.T.C.No.240 of 2011. https://hcservices.ecourts.gov.in/hcservices/

In view of the above submission made by the learned counsel that trial has already commenced in both the maintenance cases, it would not be appropriate ordering transfer at this belated stage. Hence, both the criminal original petitions are dismissed. Consequently, connected miscellaneous petitions are dismissed.

s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar cgi To

1. The Judicial Magistrate No II Tiruppur.

2. The Fast Track Judicial Magistrate Theni.

Crl.O.P.Nos.8657 & 8658 of 2012 KAN(CO) SP(02/02/2018) https://hcservices.ecourts.gov.in/hcservices/