Madras High CourtCRL OP/24130/2018disposed of

Sankara Narayanan v. Vanathi Srinivasan

2018-11-26Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2018

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.OP.Nos.24130 & 24134 of 2018 and Crl.MP.Nos.13622 & 13626 of 2018 Sankara Narayanan ... Petitioner/Appellant in Crl.OP.No.24130 of 2018 Bala Subramana Adithyan

...Petitioner/Accused in Crl.OP.No.24134 of 2018

Vs.

Vanathi Srinivasan ...Respondent in both Crl.OPs. PRAYER in both Crl.OPs: Criminal Original Petitions are filed under Section 407 Cr.P.C to withdraw C.C.Nos.4976 & 4975 of 2017 pending disposal on the file of the XVII Metropolitan Magistrate Court, Saidapet, Chennai and transfer the same to any other competent Metropolitan Magistrate Court.

For Petitioner : M/s.Shaikh Mehrunisa [in both Crl.OPs.] For Respondent : Mr.T.V.Ganesh [in both Crl.OPs.] COMMON ORDER These Criminal Original Petitions have been filed seeking for transfer of the proceedings in C.C.Nos.4975 & 4976 of 2017, pending on the file of the XVII Metropolitan Magistrate Court, Saidapet, Chennai.

2. The learned counsel for the petitioners would submit that the respondent has filed a complaint against the petitioners for the offence under Sections 500 & 501 IPC.

3. The learned counsel for the petitioners would also submit that the petitioners are being made to wait the whole day, during every hearing, and ultimately, the case gets adjourned. Therefore, the petitioners are being put to hardship

and they are made to travel to Chennai every time from their native, without there being any progress in the case.

4. The learned counsel for the respondent, on instructions, would submit that there is already an order passed by this Court in Crl.OP.No.12361 of 2018 dated 02.08.2018, wherein, this Court has directed that the proceedings to be completed within six months.

5. The learned counsel for the respondent would also submit that the petitioners will not be made to wait in the Court, during every hearing and that the witnesses will be examined on every Wednesday and Thursday.

6. The learned counsel for the petitioners can cross examine the witnesses on Thursday, after receiving the proof affidavit on Wednesday.

7. The learned counsel for the respondent would further submit that already P.W.1 has been examined in chief on 13.06.2018 and P.W.1 is yet to be cross examined.

8. In view of the above development, this Court, disposes of these Criminal Original Petitions with the following directions:- (A) P.W.1. shall be present before the Court on 06.12.2018 and he shall be cross examined by the learned counsel representing the petitioners on the same day. (B) The other witnesses on the side of the respondent, shall be examined in chief on every Wednesday and the said witnesses will be examined by the learned counsel for the petitioners on Thursday.

(C) The proceedings in C.C.Nos.4975 & 4976 of 2017, shall be completed, within the time stipulated by this Court in Criminal Original Petition No.12361 of 2018 dated 02.08.2018.

9. Consequent to the above, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar msrm/raja

To The XVII Metropolitan Magistrate Court, Saidapet, Chennai Crl.OP.Nos.24130 & 24134 of 2018 and Crl.MP.Nos.13622 & 13626 of 2018 SSV(CO) GN(14/12/2018)