Pavalakodi v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2025

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.21588 of 2023 and Crl.M.P.No. 14917 of 2023 Pvalakodi ....

Petitioner Vs

1. State rep. by The Superintendent of Police, Ariyalur.

2.The Superintendent of Police, Perambalur.

3. The Inspector of Police, Senthurai Police Station, Senthurai, Ariyalur Taluk & District.

Crime No.569 of 2020 ....

Respondents Prayer: Criminal Original Petition is filed under Section 407(2) of the Code of Criminal Procedure, to transfer the S.C.No.36 of 2022 from the Principal Sub Court at Ariyalur to the learned Assistant Sessions Court at Perambalur.

For Petitioner : Mr.M.Saravana Kumar For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl.Side) 1/4

ORDER

This Criminal Original Petition has been filed for the transfer of the trial in S.C.No.36 of 2022 from the file of the Principal Sub Court, Ariyalur, to the file of the Assistant Sessions Court, Perambaur.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The learned counsel for the petitioner would submit that the petitioner was threatened by the accused persons. However, in order to substantiate the said allegations, so far no complaint has been lodged by the petitioner before the Trial Court or Jurisdictional police.

4. The petitioner is the complainant/victim. On the complaint, an FIR was registered in Crime No.569 of 2020 on the file of the third respondent. After completing the investigation, a final report was filed and the same has been taken cognizance by the Principal Sub Court, Ariyalur in S.C.No.36 of 2022. Now, the petitioner alleging that the investigating officer and the Assistant Public Prosecutor are hand in glove and as such, the petitioner believes that she cannot get justice. 2/4

Therefore, the petitioner apprehends that no justice will be done in her case. However, the allegation that the investigating officer and the Assistant Public Prosecutor are hand in glove does not arise. Therefore, the allegation does not a ground for transferring the entire trial. That apart, only because of the pendency of the petition, now, the trial has been proceeded by the Trial Court.

5. In view of the above, this Criminal Original Petition stands dismissed. However, the Trial Court is directed to complete the trial within a period of six months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed. 04.02.2025 Lpp Index:Yes/No Internet:Yes/No To

1. The Superintendent of Police, Ariyalur.

2.The Superintendent of Police, Perambalur.

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G.K.ILANTHIRAIYAN,J.

Lpp

3. The Inspector of Police, Senthurai Police Station, Senthurai, Ariyalur Taluk & District.

4. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.21588 of 2023 04.02.2025 4/4