Madras High CourtCRL OP(MD)/22730/2015disposed of

G.Subash v. The Inspector Of Police

2018-02-14Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.OP.(MD) No.22730 of 2015 and M.P.(MD)No.1 of 2015 G.Subash ... Petitioner Vs.

1. The Inspector of Police, Palayamkottai Police Station, Tirunelveli City, Tirunelveli.

... 1st Respondent/Complainant 2.G.Vinothkumar 3.S.Arun Praveen ...2nd & 3rd Respondents/ Accused No.1&2 PRAYER: Criminal Original petition filed under Section 407 of Code of Criminal Procedure, to withdraw the case in P.R.C. No.27 of 2015 on the file of the Judicial Magistrate No.1, Tirunelveli and transfer and committed the same to any other Court at Kanyakumari District.

For Petitioner : Mr.J.Jeyakumaran For Respondents : Mr.A.P.G.Ohm Chairma Prabu Government Advocate (crl. Side) for R.1 : Mr.K.Sudalaiyandi for R.2

ORDER

This Petition has been filed by the de-facto complainant to transfer the case in P.R.C. No.27 of 2015 from the file of the Judicial Magistrate No.1, Tirunelveli to any other Court at Kanyakumari District.

2.The learned counsel for the petitioner has submitted that based upon the private complaint filed by the petitioner, the learned Judicial Magistrate No.1, Tirunelveli has taken the case in P.R.C.No.27 of 2015 under Section 294(b), 307, 506(ii) of IPC https://hcservices.ecourts.gov.in/hcservices/

and Section 4 of Harassment of Women Act. He further submitted that the respondents 2 and 3 are the accused and they are practicing as Advocates before the same Judicial Magistrate Court, Tirunelveli and they are threatening the petitioner whenever he is going to attend the said Court. Hence he requests to transfer the case in P.R.C.No.27 of 2015 to some other Magistrate Court, within Tirunelveli District.

3.The learned Government Advocate (Crl.Side) has not raised any serious objections. He has further suggested to transfer the case to the Judicial Magistrate Court, Kovilpatti. 4.The learned counsel for the respondents No.2 and 3 has suggested to transfer the case to the Judicial Magistrate Court, Valliyoor.

5.Considering the aforesaid submissions, the case in P.R.C.No.27 of 2015 is withdrawn from the file of Judicial Magistrate No.1, Tirunelveli and transferred to the Judicial Magistrate Court, Kovilpatti, Thoothukudi District for disposal in accordance with law. Hence this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Crl side) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate No.I, Tirunelveli.

2. The Judicial Magistrate, Kovilpatti, Thoothukudi Distict.

3. The Inspector of Police, Palayamkottai Police Station, Tirunelveli City, Tirunelveli.

4. The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 1 cc TO Mr.K.Sudalaiyandi , Advocate in SR No. 48689 + 1 cc TO Mr.J.Jeyakumaran , Advocate in SR No. 48954 Gsp AE/GT/SAR3/14.03.2018/2P/7C CRL.OP.(MD) No.22730 of 2015 14.02.2018 https://hcservices.ecourts.gov.in/hcservices/