S.Jayakumar v. Abirami

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.12.2018

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.15133 of 2014 1.S.Jayakumar 2.Vasanthi 3.Umarani ... Petitioners/Respondents -vs1.Abirami W/o Jayakumar 2.S.J.Sujai ... Respondents/ Petitioners Prayer: Criminal Original petition filed under Section 482 of Criminal Procedure Code, to call for the entire proceedings of the case in M.C.No.42 of 2013 pending on the file of the learned Judicial Magistrate No.2 of Tanjur and transfer the same to any other competent Court in Chengalpattu District. For Petitioners : Mr.Thilageswaran

O R D E R

This petition has been filed seeking to transfer the proceedings initiated by the first respondent under DV Act. The petitioners are the husband and in-laws.

It is seen that the proceedings are initiated in the year 2013 and the Criminal Original Petition was filed in the year 2014, the case has come up for hearing in the year 2018. Even at the time of admission, the Registry had raised the issue of maintainability, since the petitioner had sought for transfer from the Judicial Magistrate No.II, Thanjavur. The said Court comes within the jurisdiction of the High Court, Madurai Bench and a petition filed before this Court cannot be maintainable. That apart, this Court is not inclined to transfer the case at this point of time. This Court also does not find any ground to transfer the case.

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In the result, this criminal original petition is dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rpl To The Judicial Magistrate No.II, Thanjavur CRL.O.P.No.15133 of 2014 MR(CO) GSP(02/01/2019) https://hcservices.ecourts.gov.in/hcservices/