K.Jagadeesan v. S.Rajagopal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR and CRL MP No.15571 of 2025 K.Jagadeesan S/o.Kaaliappagounder, 16/144A, Nadu Thottam, Sennakalpalayam, ThirumalaipalayamPirevu, Kondarasampalayam Post, Dharapuram Taluk - 638 657.

Petitioner Vs S.Rajagopal S/o.K.R.Sakthivel, No.145/29, S.S.Nagar, Elliz Nagar Post, Dharapuram Taluk, Tiruppur District.

Respondent 1/5

PRAYER Criminal Original Petition is filed under Section 447 of BNSS, to pass an order allowing the petition to transfer the case in STC No.328 of 2025 from the file of Learned Judicial Magistrate, Dharapuram to any other court outside the Dharapuram District and pass such further or other orders as this Honble Court may deem fit and proper under the circumstances of the case and thus render justice.

For Petitioner Mr.S.Conscious Ilango For Respondent Mr. Muthucharan Sundresh

ORDER

Criminal Original Petition has been filed to transfer the case in STC No.328 of 2025 from the file of the Judicial Magistrate Court, Dharapuram to any other court outside the Dharapuram District.

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

3. The respondent/de-facto complainant filed a complaint against the petitioner/accused in S.T.C.No.328 of 2025 before the Judicial Magistrate Court, Dharapuram. Since, the respondent/de-facto complainant is a practising 2/5

Advocate in the Court at Dharapuram and a member of Dharapuram Bar Association, no lawyer is willing to appear on behalf of the petitioner to defend his case. Hence, the petitioner filed this petition seeking transfer of the said case from the file of the Judicial Magistrate Court at Dharapuram to any other court outside Dharapuram.

4. Though the contention of the petitioner cannot be countenanced and the submission may appear attractive, however, in reality, it may not be worthy of acceptance. Since the complainant is a member of Dharapuram Bar Association and a practising Advocate in the same Court and also the learned counsel appearing for the respondent has not raised any serious objection to transfer the said case to any other Court, this Court is inclined to grant the relief as sought for by the petitioner. Accordingly, the case in S.T.C.No.328 of 2025 on the file of the Judicial Magistrate Court, Dharapuram is transferred to the file of the Judicial Magistrate Court No.I, Thiruppur.

5. The learned Judicial Magistrate, Dharapuram is directed to transfer the entire case files in STC No.328 of 2025 to the file of the Judicial Magistrate Court No.I, Dharapuram within a period of 15 days from the date of receipt of a 3/5

copy of this Order. On receipt of the entire case files in STC No.328 of 2025 from the learned Judicial Magistrate, Dharapuram, the learned Judicial Magistrate No.I, Thiruppur, is directed to dispose of the said case in accordance with law as expeditiously as possible, without any further delay.

6. With the abovesaid direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed. 09-09-2025 mfa Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Judicial Magistrate, Dharapuram

2. The Judicial Magistrate No.I, Tiruppur.

4/5

N.SATHISH KUMAR J.

mfa CRL OP No. 22774 of and CRL MP No.15571 of 09-09-2025 5/5