Madras High CourtCRL OP/27905/2022disposed of

Nadhiya v. S.Palanisamy

2023-08-01Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.27905 of 2022 and Crl.MP.No.17143 of 2022 Nadhiya, F/30 D/o.Perumal .. Petitioner/De facto Complainant .Vs.

1.S.Palanisamy, M/57 Son of Shanmugam ..Respondent-1/Petitioner/Accused 2.Sub Inspector of Police Tirupattur Town P.S.

Tirupattur.

..Respondent-2/Sole Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to set aside the order passed in Tr.CMP.No.4538 of 2021 dated 25.8.2022 on the file of the Principal District Judge's Court, Vellore, Vellore District. For Petitioner : Mr. P.A.Sudesh Kumar For Respondents : Mr.A.Gopinath Government Advocate(Crl.Side) for R2 Mr.E.Kannadasan for R1

ORDER

This criminal original petition has been filed challenging the order passed by the Court below allowing the transfer petition filed in Tr.CMP.No.4538 of 2021, by order dated 25.8.2022 and thereby transferring the case in C.C.No.212 of 2021, from the file of the Judicial Magistrate-I, Tirupattur to the file of the Additional District

Munsif cum Judicial Magistrate, Ambur.

2.Heard Mr.Sudesh Kumar, learned counsel for the petitioner, Mr.E.Kannadasan, learned counsel for R1 and Mr.A.Gopinath, learned Government Advocate (Crl.Side) for R2.

3.In the considered view of this Court, the Court below has given sufficient reasons for transferring the case at paragraph no.8 and 9 of the order. The reasons do not suffer from any illegality or infirmity warranting the interference of this Court. That apart, it was also brought to the notice of this Court that the case has already transferred to the fie of the Additional District Munsif cum Judicial Magistrate, Ambur.

4.In view of the above, there shall be a direction to the Additional District Munsif cum Judicial Magistrate, Ambur., to dispose of the case in CC.No.212 of 2021, after renumbering the case, within a period of six months from the date of receipt of copy of the order.

5.This criminal original petition is disposed of accordingly. Consequently, connected miscellaneous petition is closed.

01.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order KP

To 1.Sub Inspector of Police Tirupattur Town P.S.

Tirupattur.

2.Principal District Judge's Court Vellore, Vellore District.

3.The Public Prosecutor High Court, Madras.

N. ANAND VENKATESH, . J.

KP Crl.O.P No.27905 of 2022 and Crl.MP.No.17143 of 2022 01.08.2023