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Madras High CourtCRL OP/25467/2025disposed of

M.Stella Baby v. M.Arunrichards

2025-09-17Honourable Mr Justice N. Sathish Kumar2 pages

Crl.O.P.No.25467 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.09.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR Crl.O.P.No.25467 of 2025 & Crl.M.P.No.17228 of 2025 M.Stella Baby ... Petitioner Vs.

M.Arun Richards ... Respondent PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, to set aside the order passed in Transfer Crl.M.P.No.3179 of 2025 on 21.08.2025 and withdraw the C.C.No.969 of 2019 pending on the file of the learned III Metropolitan Magistrate, George Town, Chennai and transfer the same to any other Magistrate Court.

For Petitioner : Mr.N.Sridhar

ORDER

Challenging the order of the learned III Metropolitan Magistrate, George Town, Chennai declining to transfer the case. The main grievance of the petitioner appears that the learned Magistrate had allowed applications filed by the petitioner to re-open accused side evidence and permit the petitioner to examine herself as witness on 08.04.2025, however, the said order was uploaded only after 7 pm only, since, the petitioner an aged lady was at Tirunelveli could not attend the Court on that day and the matter was adjourned. At this stage, he sought transfer. N.SATHISH KUMAR, J.

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Crl.O.P.No.25467 of 2025

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

3. This Court is of the view that transfer cannot be sought merely on the ground that the petitioner's request has not been considered by the trial Court, let the Trial Court fix one day for cross examination of the accused and give an opportunity to the accused and on the same day, the entire evidences shall be completed and thereafter, pronounce the judgment.

4. Accordingly, this petition stands disposed of. Consequently, connected miscellaneous petition stands closed. 17.09.2025 dhk :Yes/No Internet : Yes/No To III Metropolitan Magistrate, George Town, Chennai Crl.O.P.No.25467 of 2025 2/2 https://www.mhc.tn.gov.in/judis