R.Srinivasan v. Sub-Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.10.2020 CORAM :

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.No.33240 of 2019 and Crl.M.P.No.18331 of 2019 1.Mr.R.Srinivasan 2.Mrs.Bhuvaneshwari ... Petitioners/De-facto Complainants Vs 1.Sub-Inspector of Police, Central Crime Branch Police, EDF - II, Team - 4, Veyperi, Chennai.

2.P.Venugopal 3.M.Narendra Kumar 4.M.V.Parameshwaran.

... Respondents PRAYER: Criminal Original Petition filed under Sections 407 & 482 of Criminal Procedure Code to transfer the case in C.C.No.7836 of 2017 now pending on the file of learned C.C.B. - C.B.C.I.D. Metropolitan Magistrate Court, Egmore in C.C.No.7836 of 2017 to some other Court in the Chennai city for trial and disposal.

For Petitioner : No appearance.

For Respondents: Mr.S.Karthikeyan, Additional Public Prosecutor for R1.

Mr.M.Anandaraj for R2.

Mr.S.Nagarajan & Mr.B.Thirumalai for R3 & R4.

O R D E R

The matter was heard through "Video Conference". 2.This Criminal Original Petition has been filed seeking the relief to transfer the case in C.C.No.7836 of 2017 pending on the file of Metropolitan Magistrate Court for exclusive trial of CCB (cheating) cases, Chennai and CBCID, Metro cases, Egmore to any other Court situated in Chennai city.

3.In spite of repeated adjournments, neither the petitioners nor their Counsel have appeared before this Court through Video Conference. Heard Mr.S.Karthikeyan, learned Additional Public Prosecutor appearing for the first respondent, Mr.M.Anandaraj, learned Counsel appearing for the second respondent and Mr.S.Nagarajan, learned Counsel appearing for respondents 3 and 4.

4.Today, when the petition is came up for hearing, the learned Additional Public Prosecutor appearing for the first respondent, on instructions, would submit that in the petition mentioned Calendar Case, out of 9 witnesses, 3 witnesses have already been examined and now the case is adjourned for examining the remaining witnesses.

Therefore, the said circumstances reveals the fact that in the petition mentioned Calendar Case, part of the trial proceedings are completed. Further, it is also seen that the petitioners did not indicate any special circumstances in their petition which is necessary to transfer the case from the file of Metropolitan Magistrate Court for exclusive trial of CCB (cheating) cases and CBCID, Metro cases, Chennai, Egmore and the learned Counsel appearing for the petitioners is also not present regularly before this Court.

Therefore, in the said circumstances, it is not necessary to pass a positive order in favour of the petitioner. 5.Accordingly, this Petition is dismissed. Consequently, connected miscellaneous petition is closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.Metropolitan Magistrate Court for Exclusive trial of CCB cases (Cheating) Chennai and CBCID, Metro Cases, Egmore, Chennai.

2.The Sub-Inspector of Police, Central Crime Branch Police, EDF - II, Team - 4, Vepery, Chennai.

3.The Public Prosecutor, High Court of Madras, Chennai.

+1 CC to Mr. Nagarajan, Advocate sr 34296.

Crl.O.P.No.33240 of 2019 and Crl.M.P.No.18331 of 2019 MG(CO) SP(11/11/2020)