Vanitha v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 05.12.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and Crl.M.P.(MD)Nos.3320 & 3321 of 2024 Vanitha ... Petitioner Vs.

1.The Inspector of Police, Kadaladi Police Station, Ramanathapuram District.

(Crime No.146 of 2019) 2.The Bank Manager, Indian Overseas Bank, Kadaladi Branch, Ramanathapuram District.

... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the District Munsif cum Judicial Magistrate, Kadaladi, to withdraw the case in C.C.No.83 of 2021 and transfer the same to the Judicial Magistrate Court, Paramakudi or any other competent Court in the District. For Petitioner : Mr.Ajay.T, Advocate For R1 : Mr.M.Sakthi Kumar, Government Advocate (Criminal Side) 1/5

ORDER

This Criminal Original Petition has been filed seeking a direction to the District Munsif cum Judicial Magistrate, Kadaladi, to withdraw the case in C.C. No.83 of 2021 and transfer the same to the Judicial Magistrate Court, Paramakudi, or any other competent Court.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The learned counsel for the petitioner submitted that the petitioner is the second accused in C.C.No.83 of 2021 on the file of the District Munsif cum Judicial Magistrate, Kadaladi. The case pertains to the alleged offence of cheating by obtaining loan amounts to the tune of Rs.71,51,000/- by pledging duplicate jewels with the second respondent bank. He further submitted that a total number of 108 witnesses have been cited in the list of witnesses. The petitioner's husband, who is the first accused, is suffering from HIV, and the petitioner is therefore in a difficult condition to travel between Mudukulathur and Kadaladi. The petitioner, being a woman, is also allegedly threatened by the witnesses and hence she has sought transfer of the case. 2/5

4. Mr.M.Sakthi Kumar, learned Government Advocate (Criminal Side), submitted that all the witnesses have already been examined and the case is now posted for the examination of the Investigating Officer.

5. Considering the nature of the fraud involved, and also the submissions made by the learned Government Advocate (Criminal Side), I do not find any merit in the petitioner's claim that there is a real threat to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. Consequently, the connected Criminal Miscellaneous Petitions are closed. 05.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No mkn 3/5

To 1.The District Munsif cum Judicial Magistrate Court, Kadaladi.

2.The Inspector of Police, Kadaladi Police Station, Ramanathapuram District.

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

4/5

L.VICTORIA GOWRI, J.

mkn and Crl.M.P.(MD)Nos.3320 & 3321 of 2024 05.12.2025 5/5