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Madras High CourtCRL OP(MD)/9336/2018allowed

Rengasamy v. The Inspector Of Police

2020-06-03Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.9336 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2020 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.9336 of 2018 and Crl.M.P.(MD)No.4069 of 2018 1.Rengasamy 2.Kannammal @ Palaniammal 3.Mallika 4.Sethu @ Seralathan 5.Rajalingam ... Petitioners/Accused Vs.

1.The State rep., by The Inspector of Police, Velayuthampalayam Police Station, Karur District(Cr.No.81 of 2012).

... Respondent/Complainant 2.The President, Karur Bar Association, District Court Campus, Thanthonimalai, Karur.

... 2nd Respondent (R2 is impleaded as per order of this Court dated 01.11.2019 in Crl.M.P.(MD)No.5290 of 2018 in Crl.O.P.(MD)No.9336 of 2018) Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to transfer the C.C.No.110 of 2013 on the file of the learned Judicial Magistrate No.2, Karur to the file of any other learned Judicial Magistrate Court nearby Karur District. For Petitioners : Mr.M.P.Senthil For respondents : Mr.A.Robinson, Govt. Advocate (Crl. Side) for R1 Mrs.S.Prabha for R2 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.9336 of 2018

O R D E R

The petitioners are facing trial in C.C.No.110 of 2013 on the file of the learned Judicial Magistrate No.2, Karur. The defacto complainant in this case is one Sasikala. She is said to be a practising lawyer in Karur Court. Therefore, the petitioners are having difficulties in conducting their trial. The petitioners's counsel would claim that even for executing sureties, they had to face considerable difficulties. Therefore, taking note of the over all facts and circumstances of the case and the grounds pleaded by the petitioners' counsel, C.C.No.110 of 2013 pending on the file of the learned Judicial Magistrate No.2, Karur is transferred to the file of the learned Judicial Magistrate No.1, Kulithalai.

I make it clear that the Bar Association of Kulithalai shall adopt a professional attitude in this case and merely because the defacto complainant happens to be a practising lawyer, the petitioners shall not be put to any kind of inconvenience or difficulties. It shall be the duty of the presiding officer to ensure this. This criminal original petition is allowed on these terms. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(RECORDS) // True Copy // / /2020 Sub Assistant Registrar(CS) ias To:

1.The Judicial Magistrate No.2, Karur.

2.The Judicial Magistrate No.1, Kulithalai, Karur District. 3.The Inspector of Police, Velayuthampalayam Police Station, Karur District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M.P.SENTHIL, Advocate ( SR-13146[F] Crl.O.P(MD)No.9336 of 2018 03.06.2020 CK(CO) TR(10.06.2020)2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2