Velladurai v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2023
CORAM:
THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.15551 of 2023 and Crl.M.P(MD).No.12350 of 2023 Velladurai ... Petitioner Vs.
1.The State rep.by The Inspector of Police, Chinnakovilankulam Police Station, Tirunelveli District.
2.Murugaiah 3.Selvaraj 4.Chinnadurai ..Respondents PRAYER : Criminal Original Petition is filed under Section 407(1)(c) of Cr.P.C., to call for the records in Spl.C.C.No.01 of 2023 on the file of the learned Principal District Judge, Srivilliputhur, Virudhunagar District and withdraw the same and consequently, transfer the same to the learned Principal District Judge, Tirunelveli District. 1/5
For Petitioner : Mr.V.Kathirvelu Senior Counsel for Mr.K.Prabhu For R1 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor O R D E R This Criminal Original Petition is filed seeking for transfer of Spl.C.C.No.01 of 2023 pending on the file of the learned Principal District Judge, Srivilliputhur, Virudhunagar District, to the learned Principal District Judge, Tirunelveli District.
2. It is submitted by the learned counsel appearing for the petitioner/accused No.1 that originally, this case was filed before the learned Principal District Judge, Tirunelveli District, as Spl.C.C.No.9 of 2022, for the offence under Sections 294(b), 353, 506(ii) and 379 IPC. The petitioner has filed a petition in Crl.O.P(MD).No.8112 of 2023 before this Court seeking to transfer Spl.C.C.No.9 of 2022 from the file of the learned Principal District Judge, Tirunelveli District to any other Court by making certain allegations against the then Presiding Officer. This Court has considered 2/5
the same and allowed the application and transferred Spl.C.C.No.9 of 2022 from the file of the learned Principal District Judge, Tirunelveli District, to the learned Principal District Judge, Srivilliputhur, Virudhunagar District.
3. Now, the learned counsel appearing for the petitioner submits that the Presiding Officer against whom the petitioner/A2 was having grievance, basing on which, he got transferred the criminal case to the learned Principal District Judge, Srivilliputhur, Virudhunagar District, was stated to be removed from service recently. It is submitted that the petitioner and the witnesses are residing within the jurisdiction of Tirunelveli Court. Therefore, keeping in view of the convenience of the witnesses and the Police personnel, the petitioner sought for transferring the case back to the learned Principal District Judge, Tirunelveli District.
4. The learned Additional Public Prosecutor appearing for the official respondent submits that he has no objection.
5. In view of the above, the request of the petitioner is hereby accepted and the case in Spl.C.C.No.01 of 2023 pending on the file of the learned Principal District Judge, Srivilliputhur, Virudhunagar District is 3/5
transferred to the learned Principal District Judge, Tirunelveli District.
6. Accordingly, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed. Index : Yes/No 31.08.2023 Internet : Yes/No ssb To 1.The Inspector of Police, Chinnakovilankulam Police Station, Tirunelveli District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5
DR.D.NAGARJUN. J.
ssb 31.08.2023 5/5