Madras High CourtCRL OP(MD)/13845/2019disposed of

Aadhi Narayanan v. The Deputy Superintendent Of Police

2019-10-01Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.13845 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.10.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.13845 of 2019 and Crl.M.P(MD)No.8443 of 2019 Aadhi Narayanan ... Petitioner/PW-2 -Vs1.The Deputy Superintendent of Police, CBCID, Madurai, (Crime No.3/2014) ... 1st Respondent/Complainant 2.M.Karuinchinathan 3.M.Sankar ... Respondents 2 and 3/A1 & A2 Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to withdraw the proceedings of S.C.No.69 of 2016 on the file of the Additional District Sessions Court, Virudhunagar, Virudhunagar District and transferring the same to Madurai District Sessions Court.

For Petitioner : Mr.R.Murugappan For R1 : Mr.R.Suyambulinga Bharathi Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to withdraw the proceedings of S.C.No.69 of 2016 on the file of the Additional District Sessions Court, Virudhunagar, Virudhunagar District and transferring the same to Madurai District Sessions Court.

2. It is seen that the petitioner filed a petition under Section 319 of Cr.P.C., to add the other persons to be the accused in S.C.No.69 / 2016 and it was returned as not maintainable. As against which, he filed a petition before this Court in Crl.O.P(MD) No.6187 of 2019 and this Court by order dated 27.04.2019, directed the trial Court to pass speaking order on the maintainability. Thereafter, the petitioner again represented the petition under Section 319 Cr.P.C. Again, it was returned, without assigning any reason. Finally on 13.09.2019, the petitioner represented the petition before the trial Court and the trial Court refused to receive the same. It is also produced before this Court.

3. Considering the above facts and circumstances, the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.13845 of 2019 Additional District Sessions Judge, Virudhunagar, is directed to receive the petition filed under Section 319 of Cr.P.C. If it is not maintainable as directed by this Court, vide order dated 27.04.2019 in Crl.O.P.(MD)No.6187 of 2019, pass appropriate speaking order on the petition.

4. With the above direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS II) // True Copy // Sub Assistant Registrar(CS) To

1. The Additional District Sessions Judge, Virudhunagar, Virudhunagar District.

2.The Deputy Superintendent of Police, CBCID, Madurai.

3.The District Sessions Judge, Madurai.

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

Crl.O.P.(MD)No.13845 of 2019 and Crl.M.P(MD)No.8443 of 2019 01.10.2019 KK/SAR/04.10.2019/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2