Madras High CourtCRL OP(MD)/19007/2021disposed of

C.Rajivkanth v. The Inspector Of Police

2021-12-02Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.19007 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19007 of 2021 and Crl.M.P.(MD)No.10551 of 2021 C.Rajivkanth ... Petitioner/Accused No.1 Vs 1.The Inspector of Police, All Women Police Station, Madurai South, Madurai City.

... 1st respondent/Complainant 2.Dr.Haripriya ... 2nd respondent / Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to withdraw the case in C.C.No.300 of 2021 on the file of the learned Additional Mahila Court, Madurai and transfer the same to the Additional Mahila Court, Trichy.

For Petitioner : Mr.V.Pandian For R1 : Mr.T.Senthil Kumar Government Advocate (Crl.) For R2 : Mr.K.Balasundaram

ORDER

This Criminal Original Petition has been filed seeking transfer of the case from the file of the Additional Mahila Court, Madurai to the Additional Mahila Court, Trichy.

2. The petitioner alleges life threat at the hands of the second respondent. According to him, on the last occasion, the second respondent tried to abduct him. However, this allegations is denied by the learned counsel appearing for the second respondent.

3. Taking note of the apprehensions expressed by the petitioner, his personal appearance before the court below is dispensed with. It is informed that questioning is already over. The learned trial Magistrate shall insist on the personal appearance of the petitioner only when it is absolutely necessary and imperative. The petitioner shall be called upon to appear in person before the trial Court at the time of examination under Section 313 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.19007 of 2021 of Cr.P.C., and at the time of pronouncement of Judgment. On all other occasions, the petitioner can be represented through his counsel. If the petitioner's counsel fails to appear, the benefit of this order will be automatically vacated. If the petitioner has any specific complaint, he is permitted to lodge the same before the first respondent and the first respondent shall take appropriate action in accordance with law thereon.

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

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Judge, Additional Mahila Court, Madurai.

2.The Judge, Additional Mahila Court, Trichy.

3.The Inspector of Police, All Women Police Station, Madurai South, Madurai City.

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

+1 CC to M/s.V.PANDIYAN, Advocate ( SR-37109[F] dated 02/12/2021 ) Crl.O.P(MD)No.19007 of 2021 02.12.2021 MGJ(13.12.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2