S.R.Parani v. S.Selvaraj

Crl.O.P.(MD)No.3060 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.02.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Crl.O.P.(MD)No.3060 of 2021 and Crl.M.P(MD).No.1647 of 2021 S.R.Parani ... Petitioner/Sole Accused Vs.

S.Selvaraj ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to transfer STC.No.78 of 2020 on the file of the learned Judicial Magistrate, Fast Track Court, Theni to any other District Judicial Magistrate Court outside Theni District. For Petitioner : Mr.M.Sankar Ganesh For Respondent : Mr.P.Arunjeyatram

ORDER

The present petition is filed seeking to transfer STC.No.78 of 2020 on the file of the learned Judicial Magistrate, Fast Track Court, Theni to any other Judicial Magistrate. 2.Mr.M.Sankar Ganesh, learned counsel appearing for the petitioner would contend that though it is mentioned in the affidavit of the petitioner that "the petitioner cannot expect an impartial trial from the learned Judicial Magistrate", yet the petitioner is not making any allegation against the Judicial Magistrate, Theni.

3.Mr.P.Arunjeyatram, who undertakes to file vakalat on behalf of the respondent, contended that the present petitioner/accused is not cross-examining the witnesses examined on the side of the complainant and is attempting to protract the proceedings as far as possible.

4.Since no specific allegations are made against the learned Judicial Magistrate, Theni, I do not find any reason to transfer in STC.No.78 of 2020 from the file of the learned Judicial Magistrate, Fast Track Court, Theni. The present petitioner/accused is directed to cross-examine all the witnesses examined on the side of the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.3060 of 2021 complainant without seeking for any adjournment and the learned Judicial Magistrate, Fast Track Court, Theni is also directed to dispose of STC.No.78 of 2020 as expeditiously as possible. 5.With the above observation, the Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is also dismissed.

Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) rmk Note :

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To 1.The Judicial Magistrate, Fast Track Court, Theni. Crl.O.P.(MD)No.3060 of 2021 26.02.2021 MJ(CO) TR(29.03.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2