Ilanthirai Aparna v. Revathi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.11242 of 2025 and Crl.M.P.(MD)No.8480 of 2025 Ilanthirai Aparna ... Petitioner versus Revathi

...Respondent

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to withdraw the case in C.C.No.1209 of 2022 on the file of the Judicial Magistrate No.I, Trichy District and to transfer the same to the file of the Fast Track Court, Madurai.

For Petitioner : M/s.T.K.Akalya

ORDER

The petitioner is an accused in C.C.No.1209 of 2022 on the file of the learned Judicial Magistrate No.I, Trichy District. She has moved this petition seeking to transfer the case in C.C.No.1209 of 2022 from the file of the Judicial Magistrate No.I, Trichy District, to the file of the Fast Track Court, Madurai.

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2. The reasoning given by the petitioner is that she is aged about 52 years and she fell down from the stairs and suffered injury. When this Court enquired about the injury suffered by the petitioner, the learned counsel for the petitioner fairly submits that it is not a fracture and it is only a bone morrow contusion. She further submits that the Judicial Magistrate Court No.I, Trichy is functioning in the second floor. Due to the injury suffered by the petitioner, she could not climb to the second floor to attend the Court. Therefore, she seeks transfer of the case in C.C.No.1209 of 2022 from the file of the learned Judicial Magistrate No.I, Trichy, to the file of the Fast Track Court, Madurai.

3. The petitioner can very well defend the case through her counsel at Tiruchirappalli. In the event, if the petitioner wants to dispensing with her personal appearance before the trial Court, she can file necessary application before the trial Court along with the medical certificates. Further, it is reported that the trial is at the stage of defence witness. Therefore, this Court is not inclined to transfer the trial in C.C.No.1209 of 2022 from the file of the learned Judicial Magistrate No.I, Trichy to the file of the Fast Track Court, Madurai.

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4. Accordingly, this Criminal Original Petition is dismissed. In the event, if the petitioner is willing to be a witness, she can very well file a proof affidavit and she can be examined through video conference. Consequently, connected miscellaneous petition is closed. 04.07.2025 NCC : Yes/No Index : Yes/No Internet:Yes ogy To

1. The Judicial Magistrate Court No.I, Trichy District.

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B.PUGALENDHI, J.

ogy Crl.OP(MD)No.11242 of 2025 04.07.2025 4/4