Madras High CourtCRL OP(MD)/21316/2014disposed of

Arumugam v. Narayanan

2015-04-20Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2015

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH CRL.O.P.(MD)No.21316 of 2014 and M.P.(MD) No.1 of 2014 Arumugam .. Petitioner/Defacto complainant Vs ..

Narayanan .. Respondent/Sole Accused Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to pass an order withdrawing the case in S.C.No.14 of 2008 on the file of the learned II Additional Sessions Judge (PCR Court), Thirunelveli District and transferring the same to any other Court having jurisdiction to deal with the same.

For Petitioner : Mr.A.D. Ganeshmoorthy For Respondent : Mr. R. Anand

O R D E R

This petition is filed to withdraw the case in S.C.No.14 of 2008 on the file of the learned II Additional Sessions Judge (PCR Court), Thirunelveli District and transferring the same to any other Court having jurisdiction to deal with the same.

2. The petitioner is the de facto complainant. This transfer petition has been filed on the ground of making certain allegation against the Judicial Officer.

3. A perusal of the additional typed set of papers would show that the petitioner did not co-operate with the trial. The counsel for the petitioner made a statement that the petitioner has lost faith in the present officer, since it has been stated that the accused are acquitted.

4. Counsel for the respondent submitted that the trial has been dragged on so many years and therefore no interference is required.

5. In the absence of any material to substantiate the allegation, this Court cannot examine allegation levelled against the Judicial Magistrate. Suffice it to say that the petitioner is not willing to conduct the case before the said Judicial Officer. https://hcservices.ecourts.gov.in/hcservices/

However, by the said action, justice should not be delayed. If the petitioner does not depose anything certainly it would affect the fair trial.

6. Though, this Court is not satisfied with the contention of the petitioner in the interest of Justice, this Court is inclined to transfer the case to any other Court within the same District to be made over by the learned Principal District Judge, Thirunelveli District. This order is passed without going into the said allegation made against the Judicial Officer.

7. Accordingly, direction is issued to the Principal District Judge, Thirunelveli to transfer the case from the file of the learned II Additional Sessions Judge (PCR Court), Thirunelveli District to any other Court within the jurisdiction.

8. This Criminal Original Petition is ordered accordingly. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(AE) /True Copy/ Sub-Assistant Registrar To The IInd Additional Sessions Judge (PCR Court), Thirunelveli District +One cc to M/s.A.D.Ganesha Moorthi, Advocate, SR.No.20240 +One cc to M/s.R.Anand, Advocate, SR.No.20701 trp RL/4c - 19/5/2015 CRL.O.P.(MD)No.21316 of 2014 and M.P.(MD) No.1 of 2014 https://hcservices.ecourts.gov.in/hcservices/ 20.04.2015