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Madras High CourtCRL OP/6116/2017dismissed

K.Alfred, Aged 59 Yrs v. State Rep.By

2021-12-09Honourable Mr Justice N. Sathish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 09.12.2021

CORAM

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl.O.P.No.6116 of 2017 K.Alfred .. Petitioner /versus/ State rep.by The Inspector of Police (Crime), T-14, Mangadu Police Station, Mangadu, Chennai 600 122.

.. Respondent PRAYER : Criminal Original Petition filed under Section 407 of Cr.P.C. to transfer the case in Criminal Revision Petition No.9 of 2014 which is pending before the District Sessions Court No.II at Kancheepuram to the Principal Sessions Court at Chennai to avoid further harassment and mental agony to the petitioner. For Petitioner ... Mr.K.Alfred Party-in-person For Respondents ... Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking to transfer the Criminal Revision No.9 of 2014 pending before the District Sessions Court No.II, Kancheepuram, to the Principal Sessions Court, Chennai.

2. The averments pressed into the service for transfer is as follows:- The petitioner states that, he appeared on 06.11.2013 before the learned Judicial Magistrate at Sriperumbudur and tried to explain his stand even though his Advocate's Junior was there before him, the learned useless Magistrate Thiru M.Jaisankar was ready to listen anything from the petitioner/defacto complainant and behaved very rudely and passed over the matter for order and in the evening, he called in front of his chamber and dismissed the petition in Crl.M.P.No.5145/2013. The petitioner further states that, he filed a Criminal Revision Petition before the District Sessions Court No.II at Kancheepuram on 17.02.2014 and the same was returned for some deficiency of court fees stamp. The same was

complied on 07.07.2014. The petitioner filed a Docket Order copy on 30.01.2015. It was given till date by the useless Registry and the useless Sessions Court No.II, Judge Thiru K.Paramaraj. After him, the useless Thiru R.Ganesan, did not pass any order and directed the petitioner to find out the accused through the Newspaper advertisement.

3.The petitioner also states that, since 2010, the useless Magistrates Thiru.S.Gunasekar, Thiru.M.Jaisankar and the useless District Sessions Court No.II, Judges Thiru.M.Aanandha Kumar, Thiru.S.Ethiraj, Thiru.M.Moni, Thiru.E.M.K.S.Siddharthar, Thiru.S.Somesekaran, Thiru.K.Parmaraj and Thiru.R.Ganesan, harassing and victimizing the petitioner with some motive. The useless Sessions Court No.II, Judges do not know, what to do, in case the lower Court bundle not received by them and how to bring the accused to the Courts. This Madras High Court turned down the prayer of transfer petition in Crl.O.P.No.25625 of 2014, dated 08.10.2013 and directed the District Judicial Magistrate, at Tiruvottiyur, shall take necessary action on the final report filed by the Police and also considering the Protest Petition filed by the petitioner. The useless District Judicial Magistrate Ms.Subraja and the useless suspended Magistrate Ms.Jayasurya did not pass any order till date in Crl.M.P.No.7333 of 2013.

4.The party-in-person has appeared before this Court continuing the same attitude before the Court, without showing any regard to the court.

5.The allegations for transfer targeted against the Judicial Officers. The tenor of the language used in the petition itself is contumacious in nature, for which he should be prosecuted for contempt of Court. Though, he should be liable for contempt of Court, this Court restrains itself from taking such drastic action considering his age. 6.However, taking note of the fact that, the Judicial Officer has already been transferred, for using such contumacious allegations, this Criminal Original Petition is dismissed with costs of Rs.10,000/-. The said cost of Rs.10,000/- shall be recovered from the petitioner/accused by the District Collector by invoking Revenue Recovery Act. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar

ari To:

1.The District Sessions Court No.II, Kancheepuram.

2.The Principal Sessions Court at Chennai.

3.The Inspector of Police (Crime), T-14, Mangadu Police Station, Mangadu, Chennai 600 122.

4.The Public Prosecutor, High Court, Madras.

Copy to :

The District Collector, Chennai.

Crl.O.P.No.6116 of 2017 SRA(CO) SB(30/12/2021)