S.Elangovan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.12.2018

CORAM:

THE HON'BLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.27757 of 2018 S.Elangovan ... Petitioner/De-facto/Complainant vs.

The Inspector of Police, Law and Order, R-5, Virugambakkam Police Station, Chennai - 92.

... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to transfer the case in C.C.No.2732 of 2016 charge sheet laid in R-5, Virugambakkam Police-Law & Order, in Crime No.998/2013 from the file of learned XXIII Metro Magistrate Court, Saidapet to any Fast Track Magistrate Court in the city to be tried.

For Petitioner : Mr.N.A.Kareem For Respondent : Mr.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed seeking to transfer the proceedings in C.C.No.2732 of 2016, pending on the file of the learned XXIII Metropolitan Magistrate Court, Saidapet.

2. The learned counsel for the petitioner would submit that the proceedings have been pending from the year 2016 onwards, as there is no Presiding Officer in the Court. The petitioner / de-facto complainant is not able to do anything in this case and the accused persons are going scott free.

3. The learned Additional Public Prosecutor on instructions, would submit that incharge Court is the learned XVIII https://hcservices.ecourts.gov.in/hcservices/

Metropolitan Magistrate and case can be transfered to that Court.

4. In view of the above, the case in C.C.No.2732 pf 2016, shall immediately be transferred to the leaned XVIII Metropolitan Magistrate Court, Saidapet. This process shall be completed within a period of two weeks from the date of receipt of a copy of this order. The learned XVIII Metropolitan Magistrate, Saidapet, shall commence the proceedings immediately on receipt of the case bundle and complete the proceedings within a period of three months thereafter.

With the above directions, this criminal orginial petition stands disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar nmm/dss To 1.The learned XXIII Metropolitan Magistrate Court, Saidapet, Chennai 2.The learned XVIII Metropolitan Magistrate Court, Saidapet, Chennai 3.The Inspector of Police, Law and Order, R-5, Virugambakkam Police Station, Chennai - 92.

4.The Public Prosecutor, Madras High Court, Chennai.

+1cc to Mr.N.A.Kareem, Advocate, S.R.No.85168 Crl.O.P.No.27757 of 2018 KJ(CO) GSP(07/01/2019) https://hcservices.ecourts.gov.in/hcservices/