Madras High CourtCRL OP(MD)/22095/2016disposed of

T.Nathan, v. The Sub Inspector Of Police,

2018-10-09Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.10.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.22095 of 2016 and Crl.M.P(MD) No. 11418 of 2016 T.Nathan ... Petitioner Vs.

1. The State rep. by its The Sub Inspector of Police Suchindram Police Station Kanyakumari District

2. R.Ramagopal

...Respondents

Prayer: This Criminal Original Petition filed under Section 407 Cr.P.C. to withdraw the C.C.No.22 of 2016 on the file of the Judicial Magistrate Court No.III Nagercoil and to transfer the same to the Judicial Magistrate Court Vallliyur in Tirunelveli District or any other competent Court.

For Petitioner : Mr.N.S.Ramakrishna Dass For Respondent : Mrs.S.Bharathi No.1 Government Advocate(Crl.Side) No.2 : Mr.R.Ramgopal

ORDER

This petition is filed seeking to transfer the proceedings in C.C.No.22 of 2010 on the file of the learned Judicial Magistrate No.III, Nagercoil and to transfer to same to the Judicial Magistrate Court, Valliyoor at Tirunelveli District.

2. The petitioner has sought for transfer on the ground that the defacto complainant in this case is an Advocate practising in the District Bar Association (Nagercoil). Therefore a resolution was also passed by the District Bar Association (Nagercoil) to the effect that no advocate should appear on behalf of the petitioner. Therefore the petitioner apprehends that he will not be able to defend his case effectively before the court below.

3. Taking into consideration the facts and circumstances of the case, the proceedings in C.C.No.22 of 2016 on the file of the learned Judicial Magistrate No. III, Nagercoil is withdrawn and is transferred to the file of the learned Judicial Magistrate, Valliyoor. The learned Judicial Magistrate No. III, Nagercoil is directed to take steps immediately to send the case records to the learned Judicial Magistrate, Valliyoor. The learned Judicial Magistrate, Valliyoor shall complete the proceedings within a https://hcservices.ecourts.gov.in/hcservices/

period of three months from the date of receipt of records on transfer from the said court.

4. The Criminal Original Petition is disposed of with the above directions. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar(CS-III) To

1. The Judicial Magistrate No. III, Nagercoil

2. The Judicial Magistrate, Valliyoor, Tirunelveli District.

3. The Sub Inspector of Police Suchindram Police Station Kanyakumari District

4. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai.

AAV VB/PM/SAR3/09.11.2018/2P/5C Crl.O.P.(MD)No.22095 of 2016 and Crl.M.P(MD) No. 11418 of 2016 09.10.2018 https://hcservices.ecourts.gov.in/hcservices/