Madras High CourtCRL OP/12788/2023disposed of

L. Sheeba v. State Rep.By

2024-02-02Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH L.Sheeba ... Petitioner Vs.

The State represented by, The Inspector of Police, S-10 Pallikaranai Police Station, 116, Velachery Main Road, Pallikaranai, Chennai. ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to transfer trial proceeding of C.C.No.42/2023 in FIR No.501/2022 on the file of the Additional Mahila Court, Alandur to the Principal District and Sessions Court, Chengalpet. For Petitioner : Mrs.S.P.Meenakshi Sundaram For Respondent : Mr.A.Gopinath Government Advocate (Criminal Side)

O R D E R

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This petition has been filed seeking for transfer of the proceedings in C.C.No.42/2023 pending on the file of the Additional Mahila Court, Alandur, to the Principal District and Sessions Court, Chengalpet.

2. Heard the submissions of the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent.

3. The learned Government Advocate (Crl.Side) brought to the notice of this Court that there was yet another case that was registered in Cr.No.112 of 2022 and the same resulted in a final report which was taken on file by the Principal District and Session Court, Chennai and it has been made over to the Mahila Court, Chengalpet and it is pending in S.C.No.205 of 2023. Even there, the same accused person is involved. The present case is pending against the same accused persons in C.C.No.42 of 2023 before the Additional Mahila Court, Alandur. The petitioner is the defacto complainant in both the cases. The witnesses are also common.

4. In view of the above submission, this Court deems it fit to 2/4

transfer this case also to the file of the Mahila Court, Chengalpet, in view of the fact that the charges are the same and the witnesses are common and it will be convenient for everyone to attend the case at the same place. It is also brought to the notice of this Court that the trial is yet to commence in this case. Hence, the case pending in C.C.No.42 of 2023 on the file of the Additional Mahila Court, is withdrawn and transferred to the file of the Mahila Court, Chengalpet. The case file shall be transmitted from the Additional Mahila Court, Alandur, within a period of two weeks from the date of receipt of a copy of this order, to the Mahila Court, Chengalpet.

5. This Criminal Original Petition is disposed of in the above terms.

02.02.2024 Speaking Order/Non-speaking Order Index :Yes/No sk N.ANAND VENKATESH, J.

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sk To 1.The Inspector of Police, S-10 Pallikaranai Police Station, 116, Velachery Main Road, Pallikaranai, Chennai. 2.The Public Prosecutor, High Court, Madras.

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