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Madras High CourtCRL OP/19219/2025dismissed

J.Muthuraj Esra v. Gunasekaran

2025-08-11Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR CRL OP No. 19219 of 2025 & Crl.M.P.No.15362 of 2025

1. J.Muthuraj Esra S/o.Jebamani, No.28/14, Karunanidhi Street, Kodungaiyur, Chennai - 600 118.

Petitioner(s) Vs

1. Gunasekaran S/o.Not Known, No.9/1, Edayanchavadi, Perumal Kovil Street, Old Napalayyam, Thiruvallur, Thiruvallur Taluk, Thiruvallur - 600 103.

Respondent(s) PRAYER Criminal Original Petition filed under section 528 of BNSS to transfer the proceeding in the S.T.C.NO.1408 of 2024 pending before the Judicial Magistrate Court-II, Ponneri, Tiruvallur to any other competent Court as deemed fit by this Honble Court and to pass such further order or other order

as may deemed fit and proper in the facts and circumstance of the case and thus render justice.

For Petitioner(s):

N.Chandran For Respondent(s):

T.Muruganantham

ORDER

This petition has been filed to transfer the case in STC.No.1408 of 2024 on the file of the Judicial Magistrate No.II, Ponneri to some other Court.

2. The petition has been filed mainly on the ground that the despite the petitioner/complainant has filed all the documents along with proof affidavit, the learned Judicial Magistrate is repeatedly adjourning the matter as if the complainant was absent. Hence, seeks to transfer the case to some other competent Court.

3. At the outset, this Court is of the view that, transfer cannot be ordered as a matter of right and the petitioner has not made out any ground for seeking transfer. Hence, I do not find any merits in this petition.

4. Accordingly, this Criminal Original Petition is dismissed. The learned Judicial Magistrate No.II, Ponneri is directed to dispose of the case in S.T.C.No.1408 of 2024 within a period of four months from the date of receipt of a copy of this Order. Consequently, connected miscellaneous petition is closed.

11-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes vrc To The Judicial Magistrate No.II, Ponneri.

N.SATHISH KUMAR J.

CRL OP No. 19219 of 11-08-2025