E.Moorthi v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.13064 of 2024 E.Moorthi ... Petitioner Vs

1. The Inspector of Police, C6, Mailam Police Station, Villupuram District.

2. Sivaselvam ... Respondents PRAYER: Criminal Original Petition is filed under 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to withdraw and transfer the proceedings of Trial of SC NO.48 of 2018 on the file of Court of Sessions Judge, Special Court for SC/ST (POA) Act, Villupuram to the Principal and District Court, Chennai. For Petitioner : Mr.R.Balasubramanian For R1 : Mr.R.Vinothraja Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed to withdraw and transfer the proceedings of Trial of SC NO.48 of 2018 on the file of Court of Sessions Judge, Special Court for SC/ST (POA) Act, Villupuram to the Principal and District Court, Chennai.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the first respondent and perused the materials placed on record.

3. On the instructions, the learned Government Advocate (Crl.side) appearing for the first respondent submitted that already the Trial has been commenced and so far had examined prosecution witnesses and posted the matter on 10.02.2025 for examination of defence witness.

4. At this stage, the entire trial cannot be transferred to any other Court. Therefore, this Court is not inclined to transfer the proceedings in SC No.48 of 2018 on the file of Court of Sessions Judge, Special Court for SC/ST (POA) Act, Villupuram to any other Court.

5. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous petition is closed. 06.02.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

To

1. The Sessions Judge, Special Court for SC/ST (POA) Act, Villupuram.

2. The Inspector of Police, C6, Mailam Police Station, Villupuram District.

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, mn 06.02.2025