Madras High CourtCRL OP(MD)/14349/2019dismissed

Raj @ Prem Raj v. The Inspector Of Police

2019-11-21Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.14349 of 2019 EFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.14349 of 2019 and Crl.M.P.(MD)No. 8667 of 2019 Raj @ Prem Raj

...Petitioner/Defacto Complainant

-Vs1.The Inspector of Police Kaliyakavilai Police Station, Kanyakumari District (Crime No.384 of 2015) ... 1st Respondent/Complainant 2.Biju 3.Sesil ... Respondents 2 & 3/Accused 1 & 2 Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to transfer the Case in C.C.No.05 of 2017 on the file of the Learned Judicial Magistrate No.I, Kuzhithurai, Kanyakumari District to any Court of competent jurisdiction in Tirunelveli District For Petitioner : Mr.A.Thiruvadi Kumar For R1 : Mr.K.Suyambulinga Bharathi Government Advocate(crl.side) For R2 : Mr.H.Elango

O R D E R

This Criminal Original Petition has been filed to transfer the Case in C.C.No.05 of 2017 on the file of the Learned Judicial Magistrate No.I, Kuzhithurai, Kanyakumari District to any Court of competent jurisdiction in Tirunelveli District.

2. Heard both sides.

3. The only point raised by the petitioner is that the defacto complainant is a practicing Advocate in Kanyakumari District and also he is also a Member of Kuzhithurai Bar and hence, he would not https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.14349 of 2019 get fair justice if the trial proceeds in the same Court.

4. Admittedly, the second respondent / A1 is an Advocate and also the Member of the Bar, on the strength of Advocate he can appear before any Court. Therefore, on that ground, the transfer petition cannot be considered. However, considering the fact that the trial is pending from the year 2017, the learned Judicial Magistrate No.I, Kuzhithurai, Kanyakumari District, is directed to proceed with the trial and complete the same within a period of six months from the date of receipt of a copy of this order. 5.Accordingly, the Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) Ls To The Judicial Magistrate No.I, Thoothukudi, Thoothukudi District Copy to:

The Section Officer, (2 Copies) Criminal Section, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.14349 of 2019 21.11.2019 JMN(13.12.2019) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2