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Madras High CourtCRL OP(MD)/3486/2023disposed of

Anbuthamizhan v. The Inspector Of Police

2023-02-23Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD)No.3159 of 2023 1.Anbuthamizhan 2.Palanivel 3.Karpagam ... Petitioners Vs.

The Inspector of Police, Nagudi Police Station, Nagudi, Pudukkottai District.

Crime No.115 of 2021.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to set aside the order passed by the Principal District Court, Pudukkottai in unnumbered Crl.M.P.Sr.No.1579 of 2023, dated 09.02.2023 and consequently, direct the office of the Principal District Court, Pudukkottai to number the Crl.M.P.Sr.No.1579 of 2023 petition filed under Section 408(1) Cr.P.C and take the same on file and to pass such further and other orders.

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For Petitioners : Mr.K.C.Maniyarasu, For Respondent : E.Antony Sahaya Prabahar, Additional Public Prosecutor.

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders, to set aside the order passed by the Principal District Court, Pudukkottai in unnumbered Crl.M.P.Sr.No.1579 of 2023, dated 09.02.2023 and consequently, direct the office of the Principal District Court, Pudukkottai to number the Crl.M.P.Sr.No.1579 of 2023 petition filed under Section 408(1) Cr.P.C and take the same on file and to pass such further and other orders.

2. The prosecution in S.C.No.25 of 2022 for the alleged offence under Sections 304(B) and 498(A) IPC, expressing some sort of grievance against the Presiding Officer, he has filed a petition in Crl.M.P.Sr.No.1579 of 2023 before the learned Principal District Judge to transfer the trial process to some other Court, the same was not entertained by the learned Principal District Judge, Pudukkottai, returned the same by stating that it was not maintainable. Now, challenging the above said return, this Criminal Original Petition has been filed by the petitioners.

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3. Without going into the merits of the allegations by the petitioners that is making against learned trial Judge and also without going into the merits of the order returned that was made by the learned Principal District Judge, Pudukkottai and considering the fact that the matter can be disposed of by this Court, by transferring the trial process in S.C.No.25 of 2022 to the I Additional District Judge,Pudukottai. The Sessions Judge, Mahila Court Pudukottai, is directed to transfer the entire records to the I Additional District Judge and the I Additional District Judge, Pudukkottai on receipt of the records, shall give notice for appearance to the parties and after fixing the notice of appearance and on appearance of the parties may proceed further.

4.With the above direction, this Criminal Original Petition stands disposed of. Consequently, connected Miscellaneous Petition is closed. 23.02.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No das 3/4

G.ILANGOVAN,J.

das To 1.The Inspector of Police, Nagudi Police Station, Nagudi, Pudukkottai District.

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

Order made in Dated: 23.02.2023 4/4