Madras High CourtCRL OP(MD)/13528/2014ordered

V.Jeevarathinam v. Loganathan

2015-01-12Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2015

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.(MD)No.13528 of 2014 and M.P.(MD).No.1 of 2014 V.Jeevarathinam ... Petitioner Vs.

1. Loganathan

2. Sudha

3. Tamil Selvi

4. R.Pandiyan

5. P.Pitchaimani

6. Manikandan ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to transfer the case in C.C.No.68 of 2013 pending on the file of Judicial Magistrate Court, Arupukottai and entrust the same to any other Court in other District with a direction to investigate the matter in accordance with law.

For Petitioner : Mr.H.Mohammed Imran For R1, R3 to R6 : Mr.T.Muruganandam For R2 : Mr.S.J.Chakkaravarthi for M/s.Eddy and Emboss

O R D E R

This Criminal Original Petition is filed to transfer the case in C.C.No.68 of 2013 pending on the file of Judicial Magistrate Court, Arupukottai to any other Court in other District with a direction to investigate the matter in accordance with law.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondents.

3. As against the evidence of this petitioner having been closed as early as on 20.05.2013, the petitioner made a representation on 08.09.2014, informing that his cross-examination has been malafidely recorded by the Court below. The petitioner also alleges play of other influences, since the counsel of the second respondent is a Member of the Arupukottai Bar. https://hcservices.ecourts.gov.in/hcservices/

4. Though we would not readily accept the submissions made on behalf of the petitioner, in the interest of justice, this Court without in any manner casting any aspersions on the Judicial Officer concerned, would allow this petition. Accordingly, this Criminal Original Petition is allowed and the case in C.C.No.68 of 2013 is transferred from the file of Judicial Magistrate Court, Arupukottai to Sub Court, Arupukottai. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(Per.Admn) /True Copy/ Sub-Assistant Registrar To 1.The Judicial Magistrate Court, Arupukottai.

2.The Subordinate Judge Aruppukottai +One cc to M/s.Eddy and Emboss, Advocate, SR.No.5565 akv RL/4 c- 6/2/2015 Crl.O.P.(MD)No.13528 of 2014 12.01.2015 https://hcservices.ecourts.gov.in/hcservices/