Subramaniam v. S. Dhivya

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.[MD].No.1465 of 2014 and M.P.[MD].No.1 of 2014 Subramaniam : Petitioner Vs.

S.Dhivya : Respondent PRAYER : Criminal Original Petition is filed under Section 407 of Cr.P.C. to withdraw the Cr.M.P.No.6441 of 2010, on the file of the learned Judicial Magistrate No.II, Sattur and transfer the same to any competent Court of jurisdiction at Dindigul. For Petitioner : Mr.P.Murugesan For Respondent : No Appearance

ORDER

The Criminal original petition has been filed seeking to withdraw the Cr.M.P.No.6441 of 2010 on the file of the learned Judicial Magistrate No-II, Sattur and transfer the same to competent Court Jurisdiction in Dindigul District.

2. The learned counsel for the petitioner would submit that he has no instructions to argue this present case.

3. It is seen from the records that the complaint under the Domestic Violence Act filed by the respondent is pending in Cr.M.P.No.6441 of 2010, on the file of the learned Judicial Magistrate No-II, Sattur. The petitioner has not made out any grounds to transfer this petition, the complaint under the Domestic Violence Act from Sattur in learned Judicial Magistrate No-II. Further, the complaint is of the year 2010 and this petition is filed in the year 2014. Therefore, the petitioner is not entitled for any relief sought for in this petition.

4. This Court is not inclined to transfer the case as provided by the petitioner.

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5. Accordingly, the Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. sd/ Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar(CS-III) To The Judicial Magistrate No.II, Sattur.

SJI DS/RP/SAR3/31.10.2018/2P/2C Crl.O.P.[MD].No.1465 of 2014 and M.P.[MD].No.1 of 2014 10.09.2018 https://hcservices.ecourts.gov.in/hcservices/