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Madras High CourtCRL OP/26921/2018disposed of

K.Balamurugan v. Vasanthi,

2018-11-20Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.11.2018

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.26921 of 2018 and Crl.M.P.No.15541 of 2018 K.Balamurugan

...Petitioner/Respondent

-VsVasanthi ... Respondent/Petitioner Prayer: Criminal Original petition filed under Section 407 of Code of Criminal Procedure, to transfer the M.C.No.11 of 2018 on the file of the Judicial Magistrate, Harur to the Family Court, Dindigul.

For Petitioners : Mr.T.Anbazhagan

ORDER

This criminal original petition has been filed seeking to withdraw and transfer a case in M.C.No.11 of 2018, which is pending on the file of the Judicial Magistrate Court, Harur.

2. This petition has been filed seeking for transfer only on the ground that the petitioner will face harassment and there is a potential threat to the life of the petitioner at the hands of the respondent's family members. Except for the bald allegation made by the petitioner, there is no other materials to substantiate the same.

3. While attending the hearing, if the petitioner face any harassment or danger for his life, the petitioner can always bring it to the notice of the concerned Judicial Magistrate Court, Harur and the Court below will take appropriate action in order to safeguard the interest of the petitioner. In this case no such petition has been filed before the Court below. In the entire affidavit, the petitioner has not even averred as to when any incident happened against the petitioner by the family of the respondent. This Court cannot order transfer merely based on apprehension

4. In the result, this Court does not find any merit in the https://hcservices.ecourts.gov.in/hcservices/

petition and the same is hereby dismissed. Consequently, the connected miscellaneous petition is also closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rna To 1.The Judicial Magistrate Court, Harur.

2.The Family Court, Dindigul.

+1cc to Mr.T.Ambazhagan, Advocate, S.R.No. 79310 Crl.O.P.No.26921 of 2018 and Crl.M.P.No.15541 of 2018 VBA(CO) GN(10/12/2018) https://hcservices.ecourts.gov.in/hcservices/