Madras High CourtCRL OP(MD)/6105/2014dismissed as infructuous

Srinivasan v. The Inspector Of Police

2018-01-18Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.01.2018

CORAM

THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM Crl.O.P.(MD)No.6105 of 2014 and M.P(MD).No.1 of 2014 Srinivasan ... Petitioner/ Defacto complainant Vs.

1.State through rep. by The Inspector of Police, T.Pettai Police Station, Trichy District.

(Cr.No.357 of 2004) ... 1st Respondent/ Complainant 2.Muthu @ Subramanian 3.Subramanian 4.Ramasundaram Chettiyar 5.M.Ananthan ... Respondents 2 to 5/ Accused No.1 to 4 Prayer : Criminal Original Petition is filed under Section 407 of the Code of Criminal Procedure, to withdraw the case file of C.C.No.170 of 2005 from the Judicial Magistrate Court, Thuraiyur, Trichy District and transferring the said case to any other Judicial Magistrate Court situated in the neighbouring districts of Trichy. For Petitioner : Mr.P.Krishnasamy For R1 : Mr.Prabu Ramachandran Government Advocate (Crl.side) For R2 to R4 : Mr.M.Karthikeya Venkata Chalapathy For R5 : No appearance

O R D E R

This petition has been filed by the defacto complainant to transfer the case in C.C.No.170 of 2005 from the file of the Judicial Magistrate Court, Thuraiyur, Trichy District, to any other Judicial Magistrate Court situated in neighboring districts of Trichy.

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2.The learned counsel for the petitioner has submitted that since the learned Judicial Magistrate has compelled the petitioner to go for compromise, the petitioner has filed a present petition to transfer the case.

3.The learned Government Advocate (Crl.side) appearing for the first respondent has submitted that this petition has been filed in the year 2014 and after filing of this petition the Judicial Officer, who was working at that time in the said Court was transferred and now some other Judicial Officer is working as Judicial Magistrate, Thuraiyur, Trichy District and hence, this petition has become infructuous.

4.The learned counsel appearing for the respondents 2 to 5/ accused No.1 to 4 has submitted that since the case is pending before the Judicial Magistrate from the year 2005, a direction may be issued to the Trial Court to dispose of the said case at early. 5.Considering the aforesaid submissions, this Criminal Original Petition is dismissed as infructuous. The learned Judicial Magistrate, Thuraiyur, is directed to expedite the trial and dispose of the case in C.C.No.170 of 2005 as early as possible, preferably 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(CS-I) /True copy/ Sub Assistant Registrar To 1.The Judicial Magistrate, Thuraiyur, Trichy District.

2.The Inspector of Police, T.Pettai Police Station, Trichy District.

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

+1cc to Mr.M.Karthikeya Venkata Chalapathy,Advocate,SR. 43167 +1cc to Mr.P.KRISHNASAMY,Advocate,SR.43021 Crl.O.P.(MD)No.6105 of 2014 and M.P(MD).No.1 of 2014 18.01.2018 CP/PNN KK/JC/SAR 2/07.02.2018/ 2P- 6C/ https://hcservices.ecourts.gov.in/hcservices/