P.Rajeshwari v. The Deputy Superintendent 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)No.1537 of 2024 P.Rajeshwari ... Petitioner Vs.

1.The Deputy Superintendent of Police, Rajapalayam Sub-Division, Virudhunagar District.

2.The Inspector of Police, Rajapalayam South Police Station, Virudhunagar District.

(Crime No.447 of 2016) 3.Muthiah, Proprietor ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to withdraw the case in Spl.S.C.No.20 of 2017 on the file of the Special Court for Exclusive Trial of SC/ST Cases, Srivilliputhur, Virudhunagar District and transfer the same to the Special Court for Exclusive Trial of SC/ST Cases, Madurai.

For Petitioner : Mr.Thirumurugan T, Advocate 1/5

For R1 & R2 : Mr.Thanga Aravindh.B, Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed seeking to withdraw the case in Spl.S.C.No.20 of 2017 from the file of the Special Court for Exclusive Trial of SC/ST Cases, Srivilliputhur, Virudhunagar District, and to transfer the same to the Special Court for Exclusive Trial of SC/ST Cases, Madurai.

2. The learned counsel for the petitioner submitted that the case pertains to an occurrence that took place in the year 2016 and that the case itself is of the year 2017. However, despite the passage of nearly eight years, no progress has been made before the trial Court. The learned counsel further submitted that by an order dated 09.02.2024, this Court had directed the learned trial Judge to submit a report explaining the reasons for the long pendency of the case.

3. Mr.Thanga Aravindh.B, learned Government Advocate (Criminal Side), submitted that the petitioner has not stated any valid reason for seeking transfer of the case from the Special Court for Exclusive Trial of SC/ST Cases, Srivilliputhur, Virudhunagar District to the Special Court for Exclusive Trial of SC/ST Cases, Madurai, and prayed for dismissal of the petition. 2/5

4. A careful perusal of the order passed by this Court on 09.02.2024 reveals that this Court had called for remarks from the trial Court on or before 15.02.2024, and a report has been received from the trial Court stating that since the de-facto complainant had anticipated threat to her life, the case in Spl.S.C.No.20 of 2017 may be transferred to some other Court having competent jurisdiction to ensure her safety. Apart from the same, the learned trial Judge has also enclosed the pendency list of SC/ST cases pending before the said Court.

5. Appreciating the above, this Court finds it necessary to allow this petition. Hence, the case in Spl.S.C.No.20 of 2017 on the file of the Special Court for Exclusive Trial of SC/ST Cases, Srivilliputhur, Virudhunagar District, is withdrawn and transferred to the file of the Special Court for Exclusive Trial of SC/ST Cases, Madurai.

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

To 1.The Special Court for Exclusive Trial of SC/ST Cases, Srivilliputhur, Virudhunagar District.

2.The Special Court for Exclusive Trial of SC/ST Cases, Madurai.

3.The Deputy Superintendent of Police, Rajapalayam Sub-Division, Virudhunagar District.

4.The Inspector of Police, Rajapalayam South Police Station, Virudhunagar District.

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

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L.VICTORIA GOWRI, J.

mkn and Crl.M.P.(MD)No.1537 of 2024 05.12.2025 5/5