B.Mohamed Kalifullah v. P.S.Sarfudeen

CRL OP(MD) No.17798 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Sixth day of October Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice SATHI KUMAR SUKUMARA KURUP CRL OP(MD) No.17798 of 2021 B.MOHAMED KALIFULLAH ... PETITIONER / DEFACTO COMPLAINANT Vs 1 P.S.SARFUDEEN 2 R.NAGARAJ 3 R.KARUPPAIAH 4 ARIVIN NISHA 5 SAHITHA BEGAM 6 SUBI @ SIBNAS BEGAM 7 PAPPA @ SAIBUNISHA ... RESPONDENTS / ACCUSED Nos.1 to 7 Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to transfer the case in C.C.No.241 of 2018 on the file of Learned Judicial Magistrate No.III, Dindigul to any other Judicial Magistrate Court in nearer District.

ORDER: This petition coming on for orders on this day,upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.M.SHEIK ABDULLAH, Advocate for the petitioner, the court made the following order:- The learned Judicial Magistrate No.III, Dindigul had sought extension of time to dispose of the case in C.C. No.241 of 2018 on the file of his Court.

2. As per the direction issued by this Court on the basis of the Criminal Original Petition filed by the defacto complainant in Crl.O.P(MD) No.17798 of 2021 and as per the order passed by this Court on 16.11.2021, the learned Judicial Magistrate No.III, Dindigul was directed to dispose of the case in C.C. No.241 of 2018 within three months from the date of receipt of a copy of the order in Crl.O.P(MD) No.17798 of 2021. Order copy was received by the learned Judicial Magistrate No.III, Dindigul on 26.11.2021. The case is pending for service of summon to A3, A4, A6 , A7 and bailable warrant is pending against A2 and A5. It is the further submission that the present Magistrate assumed charge on 04.05.2022 and the direction was informed to him only on 29.07.2022. On https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD) No.17798 of 2021 verification of records he had come to know that the interim stay has been granted by this Court in Crl.O.P(MD) Nos.4848 of 2019 and 4471 of 2019 and the interim stay is extended till dated. Non Bailable Warrant is pending against A2, A3 and A5. Therefore he is unable to dispose of the case. Hence he seeks further time to dispose the case.

3.On consideration of the remarks offered by the learned Judicial Magistrate No.III, Dindigul, Registry is directed to post this case along with Crl.O.P(MD) Nos.4848 of 2019 and 4471 of 2019 before the appropriate Court after getting orders from the Hon'ble Administrative Judge.

sd/- 26/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III, DINDIGUL.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE DINDIGUL DISTRICT 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.

ORDER

IN CRL OP(MD) No.17798 of 2021 Date :26/10/2022 MK/BUC/SAR. /28.10.2022/2P/5C https://www.mhc.tn.gov.in/judis 2/2