P.Senthil Raja v. Madhusudhanan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.9054 of 2025 P.Senthil Raja ... Petitioner Vs Madhusudhanan ... Respondent Criminal Original Petition is filed under Section 528 of B.N.N.S., to withdraw and transfer the above STC.No.5 of 2025 on the file of the District Munsif cum Judicial Magistrate Court at Kodavasal, Thiruvarur District to the Judicial Magistrate Court at Thanjavur District. For Petitioner : M/s.D.Bharathy

O R D E R

This petition has been filed to withdraw and transfer the above STC.No.5 of 2025 from the file of the District Munsif cum Judicial Magistrate Court at Kodavasal, Thiruvarur District, to the Judicial Magistrate Court at Thanjavur District.

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2. Heard the learned counsel for th petitioner and perused the materials placed on record.

3. The petitioner is an accused in the complaint lodged by the respondent for violation under Sections 157 and 164 of Cr.P.C. The petitioner filed this petition for transfer on the ground that already there is an issue between the petitioner and the respondent in respect of administration and finance issues of a medical shop. In this regard, the petitioner lodged a complaint and the same was pending for enquiry, and the respondent herein approached this Court in Crl.O.P.(MD) No.8973 of 2024 seeking not to harass the petitioner. It was ordered by this Court by order dated 20.06.2024. Therefore, the petitioner apprehends threat at the hands of the respondent herein appearing before the Court in S.T.C.No.5 of 2025. However, in order to substantiate the same, there is no proof to show that there is a threat at the hands of the respondent herein, such as any complaint.

4. In view of the above, this Court finds no grounds to transfer the 2/5

entire proceedings in STC.No.5 of 2025 from the file of the District Munsif cum Judicial Magistrate Court at Kodavasal, Thiruvarur District, to the Judicial Magistrate Court at Thanjavur District. If any complaint is lodged by the petitioner, the Trial Court is directed to enquire into the same in accordance with law.

5. Accordingly, this Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petition is closed. 30.04.2025 Index:Yes/No kv To

1. The District Munsif cum Judicial Magistrate Court at Kodavasal, Thiruvarur District.

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2. The Judicial Magistrate Court at Thanjavur District.

3. The Public Prosecutor, High Court of Madras.

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G.K.ILANTHIRAIYAN, J.

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