D.Teekaraman v. K.Ramesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.2988 of 2017 and CRL.M.P.No.2146 of 2017 D.Teekaraman ... Petitioner Vs.

1.K.Ramesh 2.The Superintendent of Police, Vellore District at Vellore.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to transfer the above case in C.C.No.91 of 2016 from the file of the learned Judicial Magistrate, Fast Track Court, Vellore District to the file of any other Judicial Magistrate Court in Kancheepuram District, particularly to the file of the learned Judicial Magistrate No.I or II, Chengalpattu. For Petitioner : Mr.D.N.Dhurgasha For R1 : Mr.T.Dhanyakumar For R2 :Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to transfer the case in C.C.No.91 of 2016 from the file of the learned Judicial Magistrate, Fast Track Court, Vellore District to the file of the learned Judicial Magistrate No.I or II, Chengalpattu.

2.It is seen that the petitioner is an accused in the proceedings initiated by the first respondent under Section 138 of Negotiable Instruments Act before the learned Judicial Magistrate, Fast Track Court, Vellore, in C.C.No.91 of 2016.

The petitioner has lodged so many complaints alleging that he was prevented by the first petitioner to attend the court. Hence, he seeks to transfer the case in C.C.No.91 of 2016 to any other Court at Kancheepuram District.

3.The learned counsel appearing for the first respondent submitted that he has no objection to transfer the case to any other Court at Kancheepuram.

4.Heard Mr.D.N.Dhurgasha, learned counsel for the petitioner, Mr.T.Dhanyakumar, learned counsel for the 1st respondent and Mr.M.Mohammed Riyaz, learned Additional Public Prosecutor for the 2nd respondent.

5.Considering the facts and circumstances of the case and without going into the merits of the case, the case in C.C.No.91 of 2016 is hereby withdrawn from the file of the learned Judicial Magistrate, Fast Track Court, Vellore and the same is transferred to the learned Judicial Magistrate No.I, Kancheepuram District.

6. The learned Judicial Magistrate, Fast Track Court, Vellore is hereby directed to send the entire case bundle in C.C.No.91 of 2016 to the file of learned Judicial Magistrate No.I, Kancheepuram District, within one week from the date of receipt of copy of this order. On receipt of the same, the learned Judicial Magistrate No.I, Kancheepuram District, is directed to dispose of the main case in C.C.No.91 of 2016, within a period of three months from the date of receipt of the entire case bundle from the learned Judicial Magistrate, Vellore. 7.With the above directions, this Criminal Original Petition stands disposed of. Connected miscellaneous petition is also closed.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar To 1.The Judicial Magistrate, Fast Track Court, Vellore.

2.The Judicial Magistrate No.I, Kancheepuram.

3.The Superintendent of Police, Vellore District at Vellore.

4.The Public Prosecutor, High Court, Madras.

+1 cc to M/s. D.N.Dhurgasha, Advocate Sr.No. 34436 +1 cc to M/s.T.Dhanyakumar, Advocate, Sr.No. 34271 CRL.O.P.No.2988 of 2017 and CRL.M.P.No.2146 of 2017 CSL/13.05.2019