Madras High CourtCRL OP(MD)/4748/2018disposed of

E. Vadivelkumar v. P. Palavesamuthu

2018-08-29Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.4748 of 2018 and CRL MP(MD)No.2328 of 2018 E.Vadivelkumar : Petitioner/Sole Accused Vs.

P.Palavesamuthu : Respondent/Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to withdraw and transfer the case in S.T.C.No.244 of 2018, on the file of the learned District Munsif-cum-Judicial Magistrate, Boothapandy, Kanyakumari District to any other Court having competent jurisdiction outside the Kanyakumari District. For Petitioner : Mr.S.R.Anbarasu For Respondent : Mr.M.R.Sreenivasan

ORDER

The Criminal Original Petition has been filed for a transfer of STC.No.244 of 2018, pending on the file of the learned District Munsif-cum-Judicial Magistrate, Boothapandy, Kanyakumari District.

2. The learned counsel for the petitioner would submit that the respondent in this case is a practising advocate in the very same Court and therefore, the proceedings will have to be transferred to some other Court.

3. The learned counsel representing the respondent would submit that it is true that the respondent is practising in the said Court and that the case can be transferred to some other Court nearby.

4. Taking into consideration, the submissions made on either side, this Court deems it fit to transfer the case in S.T.C.No.244 of 2018 from the file of the learned District Munsif-cum-Judicial Magistrate, Boothapandy, Kanyakumari District to the file of the learned Judicial Magistrate No-I, Nagercoil, immediately.

5. The learned Judicial Magistrate No-I, Nagercoil, immediately on the receipt of the Court records shall renumber the case and dispose of the case as expeditiously as possible from the date of receipt of copy of this order.

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6. With the above direction, the criminal original petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar (CS-I) To

1. The District Munsif-cum-Judicial Magistrate, Boothapandy, Kanyakumari District.

2. The Judicial Magistrate No-I, Nagercoil.

+ 1 CC TO Mr.M.R.SREENIVASAN, ADVOCATE IN SR No. 81257 SJI TE/RSK/SAR-1 : 26/09/2018 : 2P/4C Crl.O.P.[MD].No.4748 of 2018 29.08.2018 https://hcservices.ecourts.gov.in/hcservices/