V.Kamaraj v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH V.Kamaraj, S/o.K.C.Veeraswamy ... Petitioner Vs.

1.The State Rep by, Inspector of Police, Central Crime Branch-II, Vepery, Chennai-600 007.

2.R.Hemnath, S/o.Ravichandran ... Respondents PRAYER : Criminal Original Petition filed under Section 407 of the Code of Criminal Procedure praying to withdraw and transfer the S.C.No.124 of 2021 pending on the file of the Mahila Court at Tiruvallur to the Additional Session Court at Chennai and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of this case. 1/4

For Petitioner : Mr.D.Selvam For Respondents : Mr.A.Damodaran, Additional Public Prosecutor [R1] *****

O R D E R

This Criminal Original Petition has been filed seeking for transfer of the case in S.C.No.124 of 2021 pending on the file of the Mahila Court at Tiruvallur to the file of the Additional Sessions Court at Chennai.

2. Heard Mr.D.Selvam, learned counsel appearing for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing on behalf of the respondent.

3. Learned counsel for the petitioner submitted that this transfer petition has been filed mainly on the ground that the petitioner and many of the witnesses are all senior citizens and it will not be possible for them to travel to Tiruvallur repeatedly. Learned counsel further submitted that the case is only at the stage of framing of charges and hence, this Court may consider transferring the case to the file of any of the Additional Sessions 2/4

Court at Chennai.

4. Learned Additional Public Prosecutor, on instructions, submitted that the case is pending at the stage of framing of charges since the accused person has filed a discharge petition in C.M.P.No.1712 of 2022 and this petition is posted for final hearing on 05.09.2023.

5. Taking into consideration the facts and circumstances of the case, and also the fact that the case has been pending from the year 2021, this Court is inclined to fix a time limit for the completion of the proceedings. The Court below is directed to dispose of the discharge petition filed in C.M.P.No.1712 of 2022 on or before 03.10.2023. Based on the orders that is going to be passed in the discharge petition, the Court below shall proceed further with the case. If, ultimately, the Court below proceeds further to conduct the trial, the proceedings shall be completed in S.C.No.124 of 2021 within a period of six months thereafter.

N.ANAND VENKATESH, J 3/4

pal/gm This Criminal Original Petition is disposed of with the above direction.

25.08.2023 Index : Yes/No Speaking order:Yes/No pal/gm To 1.The Mahila Court, Tiruvallur.

2.The Inspector of Police, Central Crime Branch-II, Vepery, Chennai-600 007.

3.The Public Prosecutor High Court of Madras.

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