Selvarasu v. Kalimuthu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:02.08.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.27042 of 2018 and Crl.M.P.No.15587 of 2018 Selvarasu

...Petitioner/Complainant

Vs.

Kalimuthu

...Respondent/Accused

PRAYER:Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to withdraw the case in S.T.C No.53 of 2016 on the file of Judicial Magistrate, Perambalur and transfer the same to Judicial Magistrate, Ariyalur.

For Petitioners: Mr.M.R.Kuyilan For Respondent : No Appearance

ORDER

This petition was filed seeking for transfer of proceedings pending in S.T.C No.53 of 2016, on the file of the Judicial Magistrate, Perambalur.

2.This petition was filed mainly on the ground that the concerned Judicial Magistrate was prejudiced and therefore, the petitioner will not be able to get a fair trial before the Court below.

3. Subsequently, there was a transfer and the concerned Judicial Magistrate has been transferred to another Court and there is a new incumbent, who has taken a charge as the Judicial Magistrate, Perambalur.

4. In view of the above development, the grounds raised by the petitioner seeking for transfer is no more available.

5. This Criminal Original Petition is therefore, disposed of with a direction to the Judicial Magistrate, Perambalur to dispose of the S.T.C No.53 of 2016 within a period of three months from the date of receipt of copy of this order. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar uma To 1.The Judicial Magistrate, Perambalur.

2.-Do- Thro' The Chief Judicial Magistrate, Perambalur District.

+1cc to Mr.M.R.Kuyilan, Advocate Sr.66604 Crl.O.P.No.27042 of 2018 and Crl.M.P No.15587 of 2018 ln[co] srg 05/09/2019