Madras High CourtCRL OP/22922/2025dismissed

Munusamy v. The State Rep. By

2025-08-19Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR CRL OP No. 22922 of 2025 & Crl.M.P.No.15664 of 2025

1. Munusamy S/o.Samikannu, No.2/370, North Street, Muttam, Agarakkirangudi, Eladangudi Post, Mayiladuthurai Taluk and District.

Petitioner(s) Vs

1. The State Rep. by Inspector of Police, Perambur Police Station, Mayiladuthurai District. Crime No.57 of 2025 Respondent(s) PRAYER : Criminal Original Petition filed under section 528 of BNSS to Withdraw the case in S.C.No.56 of 2025, pending on the file of Principal District and Sessions Court, Mayiladuthurai and to Transfer Principal District and Sessions Judge, Perambalur and to pass such further or other orders as may deem fit and proper and thus render justice.

For Petitioner(s):

Mr.C.Prabakaran For Respondent(s):

Mr.R.Vinodhraja, Government Advocate [Crl.Side]

ORDER

This Criminal Original Petition has been filed to withdraw the case in S.C.No.56 of 2025, pending on the file of the Principal District and Sessions Court, Mayiladuthurai and to transfer to the file of the Principal District and Sessions Judge, Perambalur.

2. The petitioner is arrayed as the fourth accused for the offences under section 103 of BNSS and various other offences and facing trial before the Principal District and Sessions Judge, Mayiladuthurai in S.C.No.56 of 2025. According to him in view of the serious charges against him for allegedly killing two persons, there is a life threat for him in the village and hence, seeks to transfer the Sessions Case from Mayiladuthurai to nearby district.

3. At the outset, this Court is of the view that merely on the basis of the allegation that there is life threat, the trial in a Sessions Case cannot be shifted to some other district. Whenever, there is serious life threat, it is for the

petitioner to give a complaint and on such complaint being given, the police shall ensure that there is no law and Order issue and proper security is to be given.

4. With the above observations, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. 19-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes vrc To The Inspector of Police, Perambur Police Station, Mayiladuthurai District.

Crime No.57 of 2025

N.SATHISH KUMAR J.

vrc 19-08-2025