Madras High CourtCRL OP(MD)/1944/2018disposed of

V.Vijayan, v. The Inspector Of Police,

2019-09-06Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD).No.1944 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.1944 of 2018 and Crl.M.P(MD).No. 842 of 2018 V.Vijayan

...Petitioner/Sole Accused

Vs 1.The Inspector of Police Kombai Police Station Theni District ...1st Respondent/Complainant 2.Aasrammal ...2nd Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 407 of Criminal Procedure Code, to withdraw the case in S.S.C.No.58 of 2017 on the file of the Mahila Court, Theni and transfer the same to any other Court having competent jurisdiction. For Petitioner : Mr.J.Jeyakumaran For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side) For R2 : Mr.G.Vanjinathan

O R D E R

This criminal original petition has been filed to withdraw the case in S.S.C.No.58 of 2017 on the file of the Mahila Court, Theni and transfer the same to any other Court having competent jurisdiction.

2.The learned Government Advocate (Crl.Side) appearing for the first respondent would submit that the trial has been commenced, except the Investigation Officer, other witnesses were examined in S.S.C.No.58 of 2017 on the file of the learned Mahila Court, Theni. 3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondent.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.1944 of 2018 4.It is seen from the submission made by the learned Government Advocate (Crl.side) that the trial has been commenced in S.S.C.No.58 of 2017. At this stage, it cannot be transferred to other Court. However, considering the year of the case, the learned Judge, Mahila Court, Theni is directed to complete the trial in S.S.C.No.58 of 2017 and dispose of the same within a period of six weeks from the date of receipt of a copy of this order. 5.With the above direction, this Criminal Original Petition is disposed of. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Crl.Side) // True Copy // Sub Assistant Registrar(CS) To

1. The Judge, Mahila Court, Theni 2.The Inspector of Police, Kombai Police Station, Theni District.

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

+1 CC to M/s.J.JEYAKUMARAN, Advocate ( SR-85838[F] dated 09/09/2019 ) +1 CC to M/s.G.VANJINATHAN, Advocate ( SR-86005[F] dated 09/09/2019 ) Crl.O.P.(MD).No.1944 of 2018 and Crl.M.P(MD).No. 842 of 2018 06.09.2019 msa JMN(24.09.2019) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2