M.Kumar v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.20132 of 2019 M.Kumar

...Petitioner /

Accused No.2 Vs.

The State Represented by Inspector of Police, Ariyalur Police Station, Ariyalur, Ariyalur District.

...Respondent /

Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to withdraw and transfer the C.C.No.124 of 2018 on the file of Judicial Magistrate - 1, Ariyalur to Judicial Magistrate Court, Perambalur Division.

For Petitioner :Mr.R.Srinivasa Rao For Respondent :Mr.Mohammed Riyaz, Additional Public Prosecutor.

O R D E R

This petition has been filed seeking for transfer of the case pending in C.C.No.124 of 2018, on the file of learned Judicial magistrate I, Ariyalur.

2.

The main ground, on which, the transfer petition has been filed is that the petitioner is facing threat from another co-accused in this case.

3.

It is seen from records that the petitioner has not even made a complaint before the Court below, where the trial is pending. Straight away, the petitioner has come before this Court seeking for transfer. This Court is not inclined to transfer the proceedings, in view of the fact that apart from the petitioner, one more accused person is facing trial in the same case. 5.

This Criminal original petition is disposed of by giving liberty to the petitioner to bring to the notice of the Court below, if there is any life threat to the petitioner and the Court below shall take appropriate action in accordance with law. Consequently, the connected miscellaneous petition is closed.

29.07.2019 Index : Yes / No Internet : Yes / No rka

To

1. The Judicial Magistrate - 1, Ariyalur 2.The State Represented by Inspector of Police, Ariyalur Police Station, Ariyalur, Ariyalur District.

3.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J rka Crl.O.P.No.20132 of 2019 29.07.2019