Kandasamy@Sivamalar Kandasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.12153 of 2020 and Crl.M.P.(MD)No.5496 of 2020 Kandasamy @ Sivamalar Kandasamy ... Petitioner Vs.

1. The State rep by The Inspector of Police, District Crime Branch, Karur District.

2.Kamatchi Periyasamy @ Gogul 3.Natarajan 4.Karuppannan 5.Prabhu 6.Periyasamy @ Maniyarar Periyasamy 7.Mohanraj 8.Balasubramanian 9.Selvaraj @ Koli Babu ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to transfer the case in C.C.No.453 of 2018 pending on the file of the Judicial Magistrate No.II (Anti Land Grabbing Special Court) Karur to the Court having jurisdiction to try the case in view of the judgment passed by this Court in Crl.O.P.No.20889 of 2019. For Petitioner : Mr.Isaac Mohanlal, Senior Counsel for Mr.M.Suresh For R1 : Mr.V.Neelakandan, Additional Public Prosecutor For R2 : Mr.J.Senthil Kumariah

ORDER

Heard the learned Senior Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent.

2.Considering the nature of relief to be granted in this petition, issuance of notice to the respondents 3 to 9 is dispensed with.

3.The petitioner is figuring as accused No.8 in C.C.No.453 of 2018 pending on the file of the Judicial Magistrate No.II (Anti Land Grabbing Special Court) Karur. The petitioner seeks transfer of the case from the file of the Special Court to the jurisdictional regular Court, namely, Judicial Magistrate No.I, Karur. It is seen that the second respondent herein, namely, Kamatchi Periyasamy @ Gogul is the defacto complainant in Crime No.31 of 2011, registered on the file of the District Crime Branch, Karur against the petitioner and some other accused. The case was investigated and eventually charge sheeted. The final report was filed before the Judicial Magistrate No.II, Karur and the case was taken on file. 4.

While so, due to uncertainty regarding constitutionality of the said Special Court constituted for the purpose, the trial in the case was not showing any progress. Therefore, a solution was found out by the learned Judge in Crl.O.P No.20889 of 2019. As a result, similar cases were transferred from the Special Courts to the regular Courts. The petitioner herein seeks very same relief in this case also. In fact, the learned Additional Public Prosecutor who appears before the Court below filed a memo to that effect. But then, the said memo was rejected by the learned trial Magistrate citing the direction given by this Court in Crl.OP(MD)No.1277 of 2020, dated 28.01.2020. The said criminal original petition was filed by the defacto complainant/2nd respondent herein. The defacto complainant sought for expeditious disposal of the case.

The request was accepted and a direction was given to the learned Judicial Magistrate No.II, Karur to complete the trial as expeditiously as possible preferably within a period of four months. The learned Magistrate expressed his inability to transfer the case and that necessitated the filing of this transfer petition. 5.All over Tamil Nadu, cases of Land Grabbing are being transferred from the file of the Special Courts to the regular Courts. I see no reason as to why transfer should not be made in this case. I can understand the difficulty faced by the learned trial magistrate. But then, the spirit of the order made in Crl.OP (MD)No.1277 of 2020 is that the case instituted by the second respondent herein should be speedily concluded. The learned Judge of this Court who passed the order in Crl OP(MD)No.

1277 of 2020 did not mean that the learned Judicial Magistrate No.II, Karur should eventually conduct and conclude this case.

6.Therefore, I respectfully follow the order made in Crl.OP No.20889 of 2019 and transfer the case in C.C.No.453 of 2018 now pending on the file of the learned Judicial Magistrate No.II (Anti Land Grabbing Special Court) Karur, to the jurisdictional Court,

namely, Judicial Magistrate No.I, Karur. I make it clear that the learned Judicial Magistrate No.I, Karur will ensure that the time line of four months as set out in the order dated 28.01.2020 will be scrupulously complied with. In other words, the learned Judicial Magistrate No.II, Karur will forthwith transfer the case bundle to the learned Judicial Magistrate No.I, Karur.

7.The petitioner as well as other accused will appear before the learned Judicial Magistrate No.I, Karur on 10.11.2020. The learned trial Magistrate shall fix his trial calender as per convenience by keeping in mind the time line prescribed in Crl.OP (MD)No.1277 of 2020. This Criminal Original Petition is allowed on the above terms. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (C.O) // True Copy // / /2020 Sub Assistant Registrar(CS) das 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 Judicial Magistrate No.I, Karur.

2.The Judicial Magistrate No.II, (Anti-Land Grabbing Special Court) Karur.

3. The Inspector of Police, District Crime Branch, Karur District.

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

Crl.O.P(MD)No.12153 of 2020 and Crl.M.P.(MD)No.5496 of 2020 29.10.2020 NA(CO) CS(23.11.2020) 3P 5C