K.Balasekaran v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Balasekaran ... Petitioner Vs.

1.

The State rep.by The Inspector of Police, Kuthalam Police Station, Mayiladuthurai District.

2.

The State rep.by The Inspector of Police, Crime Branch Crime Investigation Department (CB CID), Nagapattinam.

3.

Dr.A.Senthil Kumar ... Respondents Prayer: Criminal Original Petition is filed under Section 528 BNSS, 2023, to withdraw the case in C.C.No.1048 of 2022 on the file of the Chief Judicial Magistrate, Nagapattinam and transfer the same to the file of Chief Judicial Magistrate, Mayiladuthurai. For Petitioner : Mr.U.Kathiravan For Respondents : Dr.C.E.Pratap Government Advocate (Crl.Side) for R1 and R2 1/5

O R D E R

The Criminal Original Petition is filed to withdraw the case in C.C.No.1048 of 2022 on the file of the Chief Judicial Magistrate, Nagapattinam and transfer the same to the file of Chief Judicial Magistrate, Mayiladuthurai.

2. Heard both sides and perused the materials available on record.

3. It is seen from the records that a criminal complaint has been registered in Crime No.12 of 2019 against the petitioner and others by the 1st respondent Police. Later, the first respondent-Police transferred the case to the second respondent-Police and subsequently, the second respondent-Police had registered the case in Crime No.2 of 2021 for the offences punishable under Sections 420, 465, 468 and 471 IPC read with Section 109 IPC. On completion of the investigation, final report has been filed before the Chief Judicial Magistrate, Nagapattinam in C.C.No.1048 of 2022 against the petitioner herein/A3 and two others.

4. During the pendency of the aforesaid case, due to bifurcation of Nagapattinam and Mayiladuthurai Districts, the entire cases, which come under the jurisdiction of Mayiladuthurai District, have already been 2/5

transferred to the District Court, Mayiladuthurai from the District Court, Nagapattinam. However, the present case on hand, which is pending before the Chief Judicial Magistrate, Nagapattinam has not been transferred to the Court of the Chief Judicial Magistrate, Mayiladuthurai. Therefore, the petitioner is constrained to approach this Court and seek for a direction.

5. Since due to bifurcation, the entire cases of Mayiladuthurai jurisdiction have already been transferred to the file of the Chief Judicial Magistrate Court, Mayiladuthurai, except this case, the Principal District Judge, Nagapattinam, is hereby directed to transfer the case in C.C.No.1048 of 2022 from the file of the Chief Judicial Magistrate, Nagapattinam to the file of the Chief Judicial Magistrate Court, Mayiladuthurai.

6. With the above direction, the Criminal Original Petition is disposed of.

04.07.2025 Index : Yes/No Speaking Order : Yes/No ms 3/5

To 1.

The Chief Judicial Magistrate, Nagapattinam.

2.

The Chief Judicial Magistrate, Mayiladuthurai.

3.

The Inspector of Police, Kuthalam Police Station, Mayiladuthurai District.

4.

The Inspector of Police, Crime Branch Crime Investigation Department (CB CID), Nagapattinam.

5.

The Public Prosecutor, High Court, Madras.

4/5

P.VELMURUGAN, J ms 04.07.2025 5/5