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Madras High CourtCRL OP/22222/2023dismissed

Prabhu Dyes v. K.Ranjithkumar

2025-02-12Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.15445 of 2023

1. Prabhu Dyes

2. B.Gangadharan ... Petitioners Vs K.Ranjithkumar ... Respondent PRAYER: Criminal Original Petition is filed under Section 407 of Criminal Procedure Code, to withdraw the case in CC.No.192 of 2020 on the file of Judicial Magistrate No.II, Pollachi and transfer the same to Judicial Magistrate Thiruppur.

For Petitioners : Mr.B.Nedunzhelian

ORDER

This petition has been filed to withdraw the case in CC.No.192 of 2020 on the file of Judicial Magistrate No.II, Pollachi and transfer the same to Judicial Magistrate Thiruppur.

2. Heard the learned counsel for the petitioner and perused the materials placed on record.

3. The petitioners are accused in the complaint lodged by the respondent for the offence punishable under Section 138 of Negotiable Instruments Act in C.C.No.192 of 2020 on the file of Judicial Magistrate No.II, Pollachi. The petitioners being accused, sought for transfer of the entire trial to other Court, on the ground that the petitioners' counsel was assaulted by the respondent. However, the petitioners failed to produce any piece of evidence to show that the petitioners' counsel was assaulted by the respondent.

4. In view of the above, the petitioners failed to make out a ground to transfer the entire Trial to other Court. Therefore, this Court is not inclined to transfer the trial in CC.No.192 of 2020 on the file of Judicial Magistrate No.II, Pollachi to any other Court.

5. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous petition is closed. 12.02.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

To

1. The Judicial Magistrate No.II, Pollachi.

2. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, mn 12.02.2025