S.Sethukannan v. M.Muniyasamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 23.07.2024

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI CRL OP(MD). No.10859 of 2024 S.Sethukannan ... Petitioner Vs M.Muniyasamy ... Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to withdraw the STC No. 170 of 2024 pending on the file of the learned Judicial Magistrate Vilathikulam, Thoothukudi District and transfer the same to the file of the learned Judicial Magistrate, Aruppukottai or any other competent Court at Virudhunagar District.

For Petitioner : Mr.R.Ponkarthikeyan 1/4

O R D E R

This criminal original petition has been filed seeking a direction to withdraw the case in STC No. 170 of 2024 pending on the file of the learned Judicial Magistrate Vilathikulam, Thoothukudi District, and to transfer the same to the learned Judicial Magistrate, Aruppukottai or any other competent Court at Virudhunagar District. 2.The learned Counsel for the petitioner submits that the respondent/complainant is a money lender and he is a powerful man. The petitioner is apprehending life threat at the hands of the respondent. Therefore, he has shifted his family and is now working in Andhra Pradesh. If the petitioner visits Villathikulam, there is a danger for his life. Therefore, the petitioner has filed this application seeking to transfer the investigation.

3.This Court is of the view that if the petitioner is having any threat, he can very well inform the concerned police officer and seek for their assistance. On mere apprehension of the petitioner, this Court is not 2/4

inclined to entertain this application. Accordingly, this Criminal Original Petition is dismissed with liberty to the petitioner to work out his remedy in the manner known to law.

23.07.2024 NCC : Yes/No Index : Yes/No Internet:Yes jbr 3/4

B.PUGALENDHI,J jbr Order made in Crl.O.P.(MD)No.10859 of 2024 23.07.2024 4/4