Madras High CourtCRL OP(MD)/10752/2015disposed of

Rajesh v. The Deputy Superintendent Of

2015-07-09Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2015

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH CRL.O.P.(MD)No.10752 of 2015 Rajesh ... Petitioner Vs.

1. The Deputy Superintendent of Police, Vilathikulam, Thoothukudi District.

2. The Inspector of Police, Masarpatti Police Station, Thoothukudi District.

3.Salamon 4.Mottaiyan @ Krishnasamy 5.Ganesan 6.Peradi @ Peradi Doss ... Respondents PRAYER: Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to withdraw the case in S.C.No.170/2012 on the file of the Assistant Sessions Court, Kovilpatti and transfer the same to the learned II-Additional Sessions (PCR) Court, Tirunelveli. For Petitioner : Mr.A.Jayaramachandran For Respondents-1 & 2 : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

Admittedly, there is a case and counter case. In S.C.No.170/2012, the petitioner is the defacto complainant which is pending on the file of the Assistant Sessions Court, Kovilpatti and in *S.C.No.141 of 2013 pending on the file of the II-Additional Sessions Court (PCR), Tirunelveli, the petitioner is the accused. Therefore seeking transfer of the case in S.C.No.170 of 2012, the present petition has been filed.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the first and second respondents and perused the records.

3. Despite the fact that the notice having been served to respondents, there is no appearance for the respondents 3 to 6. The learned Government Advocate (Crl. Side) submitted that the case in S.C.No.170 of 2012 is at trial stage.

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4. Considering the fact that there is a case and counter case, instead of allowing the prayer, this court is inclined to transfer *S.C.No.141 of 2013 which is subsequently taken on file, pending on the file of the IIAdditional Sessions Court (PCR), Tirunelveli, to try along with S.C.No.170 of 2012.

5. Hence, this court directs the learned Assistant Sessions Judge, Kovilpatti, to transfer the S.C.No.170 of 2012 to the file of leaned II Additional Sessions Judge, PCR Court, Tirunelveli. On receipt of the same, the learned II Additional Sessions Judge, PCR Court, Tirunelveli, is directed to try the same along with S.C.No.141 of 2013 on his file.

6. Accordingly, this Criminal Original Petition is disposed of. Sd/- ASSISTANT REGISTRAR(Per.Admn) *AMENDED AS PER ORDER OF THIS HON'BLE COURT DATED 02.09.2015 on being mentioned IN CRL OP(MD)No. 10752 OF 2015 Sd/- ASSISTANT REGISTRAR(CO) / TRUE COPY / SUB ASSISTANT REGISTRAR To TO BE SUBSTITUTED TO THE ORDER ALREADY DESPATCHED ON 13.08.2015 1.The Assistant Sessions Judge, The Assistant Sessions Court, Kovilpatti.

2.The II Addl. Sessions Judge, The II-Addl.Sessions Court(PCR), Tirunelveli.

3. The Deputy Superintendent of Police, Vilathikulam, Thoothukudi District.

4. The Inspector of Police, Masarpatti Police Station, Thoothukudi District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 C.C.To A.Jayaramachandran, Advcate, SR No.51673 PJL SH:27.07.2015: 3P/7C TS/09.09.2015/2P - 7C AAL/MPA CRL.O.P.(MD)No.10752 of 2015 09.07.2015 https://hcservices.ecourts.gov.in/hcservices/