Subbulakshmi v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.19569 of 2025 and Crl.M.P.Nos.13475 and 13476 of 2025 Subbulakshmi ... Petitioner Vs.

State Rep. by The Inspector of Police All Women Police Station Tambaram (Present -Pallavaram All Women Police Station) ... Respondents Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S., to transfer the case in P.R.C.No.62 of 2023 on the file of the District Munsif Cum Judicial Magistrate, Pallavaram to XVII Metropolitan Magistrate, Saidapet, to try the case as expeditiously as possible as warrant cases. For Petitioner : Mr.R.Sankarasubbu For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl. Side) 1/5

ORDER

This Criminal Original Petition has been filed by the petitioner to transfer the case in P.R.C.No.62 of 2023 on the file of the District Munsif Cum Judicial Magistrate, Pallavaram to XVII Metropolitan Magistrate, Saidapet, to try the case as expeditiously as possible as warrant case.

2. The learned counsel for the petitioner submitted that the petitioner who has been arrayed as A3 in the said case, is residing in Tambaram and she is suffering with fourth stage of Cancer and taking treatment in the Cancer Institute at Saidapet. Therefore, the petitioner finds it difficult to move from Tambaram to Pallavaram Court. Therefore, the case in P.R.C.No.62 of 2023 on the file of the District Munsif Cum Judicial Magistrate, Pallavaram may be transfered to either to Saidapet or to Tambaram. He further submitted that since the first accused is absconding and the respondent police have not filed for sanction of prosecution, the matter is pending which is beyond the control of the petitioner. Therefore, the request of the petitioner may be considered. 2/5

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

4. Considering the facts and circumstances of the case and on the ground of sympathy, this Court is inclined to transfer the case.

5. Accordingly, the case in P.R.C.No.62 of 2023 on the file of the District Munsif Cum Judicial Magistrate, Pallavaram is transferred to Judicial Magistrate, Tambaram.

6. The respondent police is directed to execute the NBW pending against first accused as early as possible and proceed the case further in accordance with law.

7. With the above directions, this Criminal Original Petition is disposed of.

25.07.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 3/5

To

1. The District Munsif Cum Judicial Magistrate, Pallavaram

2. The Judicial Magistrate, Tambaram.

3. The Inspector of Polices All Women Police Station Tambaram (Present -Pallavaram All Women Police Station) 4.The Public Prosecutor High Court of Madras, Chennai.

4/5

P.VELMURUGAN,J.

Ksa-2 25.07.2025 5/5