Dr.K.Krishnasamy v. The Assistant Commissioner Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.17075 of 2014 and M.P.(MD).No.1 of 2014 Dr.K.Krishnasamy ... Petitioner Vs.

1.State Represented by The Assistant Commissioner of Police, Palayamkottai Sub-Division, Palayamkottai Police Station, Tirunelveli City.

(Crime No.1521 of 2004) 2.Siva @ Sivalingam 3.Thangavel 4.Lashmanan 5.Muthupandi 6.Shenbagam 7.Sakthi @ Sakthivel 8.Suresh @ Suresh P.C, 9.Kannan 10.Selvakrishnan 11.Manikandan 12.Muthu @ Karathe Muthu 13.Sankar 14.Thiraviam 15.Soorappan 16.Mathan ..Respondents

PRAYER: This Criminal Original Petition has been filed under Section 407 of Criminal Procedure Code, to transfer the case pending in S.C.No.25 of 2005, pending on the file of the learned II Additional District and Sessions Judge (PCR Cases), Tirunelveli to any other Court outside Tirunelveli District.

For Petitioner : Mr.S.Ravi For R-1 : Mr.V.Neelakandan Additional Public Prosecutor For R-2 to R-16 : Mr.R.Anand

O R D E R

This petition has been filed to transfer the case pending in S.C.No.25 of 2005, pending on the file of the learned II Additional District and Sessions Judge (PCR Cases), Tirunelveli to any other Court outside Tirunelveli District.

2.The learned Additional Public Prosecutor appearing for the 1st respondent would submit that there is no merits in this petition, because of the pendency of this petition, the trial has been stalled. Therefore, this Court is not entertained this Criminal Original Petition.

3.Accordingly, this criminal original petition is dismissed. However, considering the year of the case, the learned II Additional District and Sessions Judge (PCR Cases), Tirunelveli is directed to dispose of the case within a period of six months from the date of receipt of a copy of this order.

Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.The II Additional District and Sessions Judge (PCR Cases), Tirunelveli.

2.The Assistant Commissioner of Police, Palayamkottai Sub-Division, Palayamkottai Police Station, Tirunelveli City.

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

+1cc to Mr.Mr.S.Ravi Advocate in SR.No.87944 Crl.O.P.(MD).No.17075 of 2014 and M.P.(MD).No.1 of 2014 27.09.2018 SJI NM RP SAR4 31.12.2018 3P 5C