R.Senthil Kumar v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.04.2016 CORAM :
THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No7606 of 2016 and Crl.M.P.No.4000 of 2016 R.Senthil Kumar .. Petitioner Vs.
State represented by Inspector of Police, CBCID (Metro Wing), Vepery, Chennai.
.. Respondent Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to transfer C.C.No.3915 of 2010 on the file of XI Metropolitan Magistrate, Saidapet to some other court. For Petitioner : Mr.S.Rayhan For Respondent : Mr.C.Emalias Additional Public Prosecutor
ORDER
The petitioner has come forward with this petition under Section 482 of Code of Criminal Procedure, seeking for direction, directing the respondent to transfer the C.C.No.3915 of 2010 on the file of XI Metropolitan Magistrate, Saidapet to some other court.
2. The learned counsel for the petitioner submitted that the petitioner is facing criminal case before the learned XI Metropolitan Magistrate, Saidapet, Chennai and because of nonappearance of the petitioner, Non-Bailable warrant has been issued by the trial court. He further submitted that since the petitioner's leg got fracture, he could not appear before the Trial Court on that date. Hence he prays for transfer the case in C.C.No.3915 of 2010 from the learned XI Metropolitan Magistrate, Saidapet, Chennai to some other court.
3. At this juncture learned Additional Public Prosecutor, on instructions would submit that the petitioner is facing more than 18 cases and non-bailable warrant has been issued against
him. Then the petitioner filed a petition before this Court for anticipatory bail in Crl.O.P.No.30774 of 2015, wherein this Court on 21.01.2016 directed the petitioner to surrender before the concerned Court. In pursuance to that, the petitioner surrendered before the concerned Court and filed an affidavit in which Non-Bailable warrant was recalled with a condition that the petitioner should appear before the Court on each and every hearing. The petitioner has also filed an undertaking affidavit that he will appear before the Court each and every hearing but on the very next hearing, he has not appeared. Further, the petitioner has not produced any medical records to show that his leg has got fractured on that day. Therefore, the Trial Court has issued non-bailable warrant against him. Hence he prays for dismissal of the petitioner.
4. Considered the rival submission made by both sides and perused the typed set of papers.
5. According to the learned additional Public Prosecutor, the petitioner is facing 18 cases in similar in nature. Non bailable warrant has been pending for one year. Then the petitioner filed a petition for anticipatory bail before this Court, wherein a direction has been given to the petitioner to surrender before the concerned court and file a petition to recall the non-bailable warrant. On the basis of undertaking given by the petitioner, Non-bailable warrant was recalled and the petitioner was directed to appear before the Court on each and every hearing. But in the next hearing itself, the petitioner had not appeared and he has not filed any application under Section 317 Cr.P.C.
6. In such circumstances, I am of the view that this petition has been filed only with a view to drag on the proceedings. So, there is no necessity to transfer the case in C.C.No..3915 of 2010 from the learned XI Metropolitan Magistrate, Saidapet, Chennai. Hence the Criminal Original Petition is dismissed with cost since it is only a sheer abuse of process of law. Therefore the petitioner is directed to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) to the Tamil Nadu Legal Services Authority, High Court, Madras. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar cse
To 1.The Inspector of Police, CBCID (Metro Wing), Vepery, Chennai.
2.The XI Metropolitan Magistrate, Saidapet.
3.The Public Prosecutor, High Court, Chennai.
4.The Secretary, Tamil Nadu Legal Services Suthority, Madras.
+1 cc to Mr.S.Rayhan, Advocate, sr.21888 Crl.O.P.No7606 of 2016 and Crl.M.P.No.4000 of 2016 sv co kra 06.05.2016