Madras High CourtCRL OP(MD)/1178/2019dismissed for default

Baba Alias Rushbuddin v. The Inspector Of Police,

2021-11-29Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.1178 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.OP(MD)No.1178 of 2019 & Crl.MP(MD)No.541 of 2019 Baba Alias Rushbuddin ... Petitioner Vs.

The State Rep. by The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai, Sivagangai District.

...

Respondent Prayer: Criminal Original Petition is filed under Section 407 of the Code of Criminal Procedure to transfer the trial in SC.No.119 of 2015 from the file of the Chief Judicial Magistrate, Sivagangai to any other District Court for further Trial.

For Petitioner :

No appearance For Respondent :

Mr.R.Sivakumar, Government Adovcate (Criminal Side)

ORDER

This petition is filed seeking a direction to transfer the trial in SC.No.119 of 2015 from the file of the Chief Judicial Magistrate, Sivagangai to any other District Court.

2. It is brought to the notice of this Court that allegation has been made against the then Presiding Officer of the Trial Court. In this regard, a report has been called for from the Chief Judicial Magistrate, Sivagangai and the learned Judge had submitted a report stating that the present Officer assumed charge on 26.04.2021 and the previous Officer has been transferred. Since the allegation is made only against the then Presiding Officer, nothing survives for further consideration in this matter.

3. When the matter was called on 22.11.2021, there was no representation for the petitioner. Hence, the matter is listed today under the caption 'for dismissal'.

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Crl.O.P.(MD)No.1178 of 2019

4. Even today, there is no representation for the petitioner. Therefore, this Criminal Original Petition is dismissed for default. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) mbi Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Chief Judicial Magistrate, Sivagangai.

2.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai, Sivagangai District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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