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Madras High CourtWP(MD)/14/2019allowed

K.Yadavan, v. The State Of Tamil Nadu,

2020-02-10Honourable Mr Justice M.S. Ramesh2 pages

C.O.Letter.No.86 of 2019 Dated:29.03.2019 From V.SAMUEL,B.A.,B.A.L., ASSISTANT REGISTRAR (CO) Madurai Bench of Madras High Court,Madurai To THE PRINCIPAL DISTRICT JUDGE, TRICHY Sir, Sub: CRL OP(MD)No.2167 of 2019 on the file of the Madurai Bench of Madras High Court praying this Hon'ble Court to direct the 1st respondent to transfer the investigation of the case in Crime No.30 of 2019 dated 10/01/2019 from the file of 2nd respondent to any other competent agency to investigate and file the final report within the stipulated time as fixed by this Honourable Court may deem fit and proper in the interest of the case - report called for - Regarding.

Ref: High Court's Order dated 25/03/2019 in CRL OP(MD)No.2167 of 2019.

---- The Hon'ble High Court, in its order under reference cited, has made the following order:

The learned counsel for the petitioner submitted that the petitioner is the wife of the second accused in this case and there is a matrimonial dispute between them. He further submitted that the proceedings are pending before the II Additional Subordinate Court, Trichy in H.M.O.P. Nos.338 of 2015 and 295 of 2016 and the cases were posted on 05.12.2018 and on which date, the learned II Additional Subordinate Judge, Trichy was on leave and hence, the matter had been taken by the learned I Additional Subordinate Judge, Trichy. In the course proceedings, rightbefore the eyes of the Court, the first accused, who is the counsel for the second accused, had assaulted the petitioner's father in the corridor of the Court and the petitioner has intervened to pacify them.

He further submitted that the learned I Additional Subordinate Judge, Trichy directed the parties to approach the learned Principal District Judge, Trichy. He further submitted that the petitioner had lodged a complaint on 05.12.2018. Since the first accused was a counsel, the investigating agency did not register the case on the same day, but, registered a case as belatedly as on 10.01.2019.

2. The nature of statement made by the petitioner if they were to be taken on their face value, it appears serious, and concerns this Court. This Court therefore, requires a report from the learned The Principal District Judge, Trichy, as to allegations made. Yours Faithfully https://hcservices.ecourts.gov.in/hcservices/ ASSISTANT REGISTRAR(CO)

COPY TO:- 1)The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

2)The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

(For follow up the report and posting the matter on 08/04/2019) KK/AR-/28.03.2019/2P-4C https://hcservices.ecourts.gov.in/hcservices/