Madras High CourtCRL OP(MD)/19707/2016dismissed

A.Balamurugan, S/O Ayyappan v. Ramamoorthy

2016-10-18Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).No.19707 of 2016 A.Balamurugan .. Petitioner Vs.

Ramamoorthy .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the 2nd respondent to set aside the order passed by the learned V-Additional District Judge, Madurai in Cr.R.P.No.20/2016 dated 17.08.2016, confirming the order passed by the learned Chief Judicial Magistrate, Madurai, dismissing the petition in Crl.M.P.No.113 of 2016 in S.T.C.No.386/2012, dated 29.03.2016, filed by the petitioner under Sec. 410 Cr.P.C. For Petitioner : Mr.G.Rajan

ORDER

This petitioner, who is an accused in a private complaint, which is filed under Section 138 and 144 of Negotiable Instruments Act, filed a petition in Cr.M.P.No.113 of 2016, before the learned Chief Judicial Magistrate, Madurai seeking transfer the private complaint in S.T.C.No.386 of 2012 from the file of the learned Judicial Magistrate No.I, Fast Track Court at Magisterial Level at Madurai to the learned Special Judicial Magistrate, Special Court for Land Grabbing Act cases, Madurai for joint trial or simultaneous trial along with C.C.No.24 of 2014.

2. Heard the learned counsel for the petitioner and perused the records.

3. The learned Chief Judicial Magistrate, taking into consideration of the fact that the trial in S.T.C.No.386 of 2012 was already commenced and the case stands posted for crossexamination for PW1, rejected the petition. The order of the learned Chief Judicial Magistrate was unsuccessfully challenged by the petitioner, before the learned V-Additional Sessions Judge in Cr.R.P.No.20 of 2016.

4. The learned V-Additional Sessions Judge, after considering the facts elaborately, dismissed the revision. In view of the above facts, I do not find any reason to interfere with the order https://hcservices.ecourts.gov.in/hcservices/

of the learned V-Additional Sessions Judge Judge. With the above observation, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar PJL To 1 The Vth Additional District Judge Madurai.

2 The Chief Judicial Magistrate, Madurai +1cc to Mr.G.Rajan Advocate Sr.No. 61294 JAM/03.11.16/SS 2 /2p-4c Crl.O.P(MD)No.19707 of 2016 18.10.2016 https://hcservices.ecourts.gov.in/hcservices/