P.Visalatchi v. The State Rep. By

Suo Motu Crl.RC No.1419 of 2023 DR.G.JAYACHANDRAN, J.

This Court on 10.08.2023 in exercise of powers under Section 397 Cr.P.C., call for the records on the file of the Principal District Court, Vellore (Designated Special Court) passed in Special SC No.3 of 2022 dated 28.06.2023. Further, the Registry was directed to issue notice to the accused in Special SC No.3 of 2022 on the file of the Principal District Court, Vellore for the hearing on 07.09.2023.

2. Pursuant to the abovesaid order, the respondents 2 and 3 had entered appearance. The respondents 2 and 3 are the accused 1 and 2 before the Trial Court. They have individually filed two miscellaneous Criminal Miscellaneous Petitions i.e., one on 09.07.2023 (K.Ponmudi/Accused No.1/Respondent No.2) in Suo Motu Criminal Revision No.1419 of 2023 and another on 09.07.2023 (by P.Visalatchi/Accused No.2/Respondent No.3) in Suo Motu Crl. Revision No.1419 of 2023, to implead the Registrar General of High Court of Madras as the fourth respondent in the above Suo

Motu Criminal Revision by stating that the order of the High Court of Madras dated 10.08.2023 exercising the Revisional Jurisdiction on its own motion in view of the transfer order passed by the High Court on its administrative side from the file of the Principal District Court, Villupuram to the file of the Principal District Court, Vellore, is essentially the order passed on the administrative side of the High Court and therefore, the observations made by the learned Single Judge against the said decision of transfer, while taking Suo Motu action exercising Revisional Jurisdiction has to be explained and placed on record. Therefore, the Registrar-General of High Court of Madras is a necessary party for the proceedings. Hence, the Registrar-General of High Court of Madras must be impleaded as one of the respondent i.e, the fourth respondent in the proceedings.

3. After going through the order passed by this Court on 10.08.2023 and the affidavit filed by these two petitioners/respondents, this Court is of the view that the Registrar-General of the Madras high Court is a necessary party for the proceedings. Several issues have cropped up during the course of hearing, particularly regarding the powers of Port-Folio Judges

transferring case pending before one Sessions Division to another Sessions Division on the administrative side. Hence for proper adjudication of the issue, the Registrar-General of the High Court of Madras is a necessary party and therefore, the above two Criminal Miscellaneous Petitions to implead the Registrar-General, High Court of Madras as the fourth respondent, is allowed.

4. Call the matter on 12.12.2023 at 02.15 P.M. 05-12-2023 Svn

DR.G.JAYACHANDRAN, J.

Svn Suo Motu Crl.RC No.1419 of 2023 05-12-2023