Madras High CourtCRL OP(MD)/4913/2020dismissed

Balakrishnan v. The Inspector Of Police

2020-03-19Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.4913 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.4913 of 2020 and Crl.M.P.(MD)No.2837 of 2020 Balakrishnan ... Petitioner/Defacto Complainant Vs 1.State rep by The Inspector of Police, West Police Station, Thanjavur Town & District.

(in Crime No.347 of 2018)

...Respondent/Complainant

2.Banumathi 3.Kanthamurugan 4.Sathiya ... Respondents/Accused 1 to 3 PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to transfer C.C.No.92 of 2019 pending on the file of the Judicial Magistrate No.I, Thanjavur to any other Court nearby District. For Petitioner : Mr.G.Karnan For R1 : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

The petitioner is figuring as defacto complainant in C.C.No.92 of 2019 on the file of the Judicial Magistrate No.1, Thanjavur.

2.The petitioner wants transfer of the said case to some other Court. The petitioner appears to have send a complaint against the presiding officer to the High Court. The petitioner contends that on account of his sending a complaint, the presiding officer has become hostile. This may not be a ground for transfer. 3.I went through the contents of the complaint given by the petitioner. The petitioner is aggrieved by the non examination of the two persons. But these two persons are not figuring as list witnesses. The Court below cannot be faulted for non examination of https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.O.P.(MD)No.4913 of 2020 someone who is not figuring as witness. The complaint made by the petitioner against the presiding officer is unfounded. Having sent an unfounded complaint, the petitioner cannot now claim that because of such sending a complaint, he is likely to face adverse consequence.

4. I am certain that the presiding officer will not bear any grudge against the petitioner herein, but will dispose of the matter on merits and in accordance with law.

5.With these observations, this criminal original petition stands dismissed. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi To 1.The Judicial Magistrate No.I, Thanjavur.

2. The Inspector of Police, West Police Station, Thanjavur Town & District.

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

+1 CC to M/s.G.KARNAN, Advocate ( SR-12919[F] dated 23/03/2020 ) Crl.O.P(MD)No.4913 of 2020 19.03.2020 AP(27/05/2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4