A.Pavithra v. Mohanraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR amd Crl.M.P.No.15411 of 2025 A.Pavithra ... Petitioner Vs.

1.

Mohanraj Leninraj 3.

Amutha ... Respondents PRAYER : Criminal Original Petition is filed under Section 447 of BNSS, to pass an order to withdraw the petition in D.V.C.No.7 of 2024 from the file of the Judicial Magistrate, Sulur and transfer the same to the Judicial Magistrate, Palladam, Tiruppur District.

For Petitioner : Mr.J.Franklin For R1 & R3 : No Appearance For R2 : Unserved (Returned)

O R D E R

The Criminal Original Petition has been filed seeking to transfer the proceedings in D.V.C.No.7 of 2024, from the file of the Judicial Magistrate, Sulur, to the file of the Judicial Magistrate, Palladam, Tiruppur District. 1/4

The contention of the learned counsel appearing for the petitioner is that she, being the wife of the first respondent, who is a practicing Advocate in Coimbatore district, filed a petition in D.V.C.No.7 of 2024, before the Judicial Magistrate, Sulur. He further submitted that on the date of hearing, when the petitioner and her father appeared before the Judicial Magistrate Court, Sulur, the first respondent and his Advocate picked up a quarrel, on the contrary, lodged a false complaint against the petitioner and her father. The same was registered in Crime No.531 of 2025 for the offence under Sections 296(b), 115(2) and 351(2) BNS. Further, the first respondent, along with his friends, has been threatening the petitioner whenever she visits the Court, hence, the present petition has been filed seeking to transfer the case to another district.

3. Though notice has been served on the first respondent, none has appeared on his behalf.

4.

On perusal of the nature of the allegations, it is seen that the entire case is of a private and personal nature arising out of a matrimonial dispute. Therefore, without going into the merits of the case, this Court, considering the apprehension raised by the petitioner and in order to ensure 2/4

a free and fair trial and to prevent any interference with the petitioner either by the respondents or others, is inclined to transfer the proceedings to another District Court.

5.

Accordingly, the proceedings in D.V.C.No.7 of 2024 pending on the file of the Judicial Magistrate, Sulur are transferred to the file of the Judicial Magistrate, Palladam, Tiruppur District. The entire case records shall be transmitted from the file of the Judicial Magistrate, Sulur, to the file of the Judicial Magistrate, Palladam, Tiruppur District.

6. With the above directions, the Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed. 02.09.2025 ham To

1. The Judicial Magistrate, Palladam, Tiruppur District.

The Judicial Magistrate, Sulur.

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N. SATHISH KUMAR , J.

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