D.Sivasankaran v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.09.2017

CORAM

THE HON`BLE MR.JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.No.23561 of 2010 and M.P.No.1 of 2012 Crl.O.P.No.23562 of 2010 and M.P.Nos.1 & 2 of 2012 Crl.O.P.No.23563 of 2010 and M.P.No.1 of 2012 Crl.O.P.No.23564 of 2010 and M.P.No.1 of 2012 Crl.O.P.No.23565 of 2010 and M.P.No.1 of 2012 D.Sivasankaran ... Petitioner (in all Crl.O.P's) Vs 1.State By:

The Inspector of Police, CCIW-CID, Tiruvarur.

(Crime No.1 of 2009) ... Respondent (in both Crl.O.P.Nos.23561 & 23565 of 2010) 2.State By:

The Inspector of Police, District Crime Branch, Tiruvarur.

(Crime Nos.17 of 2005, 15 of 2005, and14 of 2005)

...Respondent

(in Crl.O.P.Nos.23562, 23563 & 23564 of 2010)

Crl.O.P.No.23561 of 2010 Criminal Original Petition is filed under Section 407 Cr.P.C, to withdraw and transfer the cases in C.C. No.127 of 2010 from the Court of learned Judicial Magistrate, Tiruvarur to the Chief Metropolitan Magistrate Court at Egmore, Chennai.

Crl.O.P.No.23562 of 2010 Criminal Original Petition is filed under Section 407 Cr.P.C, to withdraw and transfer the case in C.C. No.30 of 2007 from the Court of learned Judicial Magistrate, Tiruvarur to the Chief Metropolitan Magistrate Court at Egmore, Chennai.

Crl.O.P.No.23563 of 2010 Criminal Original Petition is filed under Section 407 Cr.P.C, to withdraw and transfer the case in C.C. No.28 of 2007 from the Court of learned Judicial Magistrate, Tiruvarur to the Chief Metropolitan Magistrate Court at Egmore, Chennai.

Crl.O.P.No.23564 of 2010 Criminal Original Petition is filed under Section 407 Cr.P.C, to withdraw and transfer the case in C.C. No.27 of 2007 from the Court of learned Judicial Magistrate, Tiruvarur to the Chief Metropolitan Magistrate Court at Egmore, Chennai.

Crl.O.P.No.23565 of 2010 Criminal Original Petition is filed under Section 407 Cr.P.C, to withdraw and transfer the case in C.C. No.126 of 2010 from the Court of learned Judicial Magistrate, Tiruvarur to the Chief Metropolitan Magistrate Court at Egmore, Chennai.

For Petitioner : M/s.S.Sathia Chandran (in all Crl.O.P's) For Respondents : Mr. B.Ramesh Babu, (in all Crl.O.P's) Government Advocate (Crl. Side) C O M M O N O R D E R The five Criminal Original Petitions are taken up today together. The common prayers in all these petitions is to withdraw and transfer respective C.Cs registered by CCIW-CID and District Crime Branch, Tiruvarur in respective Crime numbers from the court of the learned Judicial Magistrate, Tiruvaur to the Chief Metropolitan Magistrate Court, Egmore.

2. The main ground raised by the petitioner who is an Advocate is that he was having life threat from his enemies and he finds it difficult to enter into Tiruvarur District and thereby he is unable to appear before

the court. It is submitted by the learned Government Advocate (Crl. Side) that during the pendency, the matter has been settled by the petitioner with the Co-operative Bank and there is a likelihood of the banks withdrawing the complaints and thereby closure could be given to the cases pending. Due to the lapse of time and the representation made by the respondent, there is no necessity in keeping the petitions pending and the petitions are closed. However, in the event, there is a life threat to the petitioner, the petitioner is at liberty to approach this court.

3. With these observations, the Criminal Original Petitions are closed. Consequently, connected miscellaneous petitions are closed. 11.09.2017 uma Index : Yes Internet: Yes To

1. The Public Prosecutor, High Court, Chennai.

2. The Inspector of Police,CCIW-CID,Tiruvarur.

3. The Inspector of Police, District Crime Branch, Tiruvarur.

4. The Judicial Magistrate, Tiruvarur.

5. The Chief Metropolitan Magistrate, Egmore, Chennai.

A.D.JAGADISH CHANDIRA, J uma Crl.O.P.Nos.23561 to 23565 of 2010 11.09.2017