Madras High CourtCRL OP(MD)/16862/2024dismissed

M.Vimala v. Balamurugan

2024-10-03Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and Crl.M.P(MD)Nos.10607 and 10608 of 2024 M.Vimala ... Petitioner Vs.

1.Balamurugan 2.Pethammal 3.Kiruthika 4.Alagumalai 5.Alagumalai 6.Akkammal 7.Palaniammal 8.Maheswari 9.Pitchai 10.Selvi ... Respondents 1/4

PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to transfer the case in C.C.No.251 of 2024 on the file of the Judicial Magistrate Court at Tirumangalam, Madurai, to the Court of the Judicial Magistrate No.II, at Virudhunagar, Virudhunagar District. For Petitioner : Mr.G.Dhanalakshmi

ORDER

The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders, to transfer the case in C.C.No.251 of 2024 on the file of the Judicial Magistrate Court at Tirumangalam, Madurai, to the Court of the Judicial Magistrate No.II, at Virudhunagar, Virudhunagar District.

2. It is seen from the records on the basis of the private complaint lodged by the petitioner, the learned Judicial Magistrate, after following the necessary formalities, has taken the case on file in C.C.No.251 of 2024 for the alleged offence under Section 494 of IPC and the same is pending on the file of the learned Judicial Magistrate, Tirumangalam.

3. The learned counsel for the petitioner would submit that since the petitioner is facing life threat, he has decided to file the present 2/4

petition for transferring the case from the file of the Judicial Magistrate Court, Tirumangalam to the file of the Judicial Magistrate Court No.II, at Virudhunagar, Virudhunagar District.

4. But in the affidavit filed in support of this petition, the petitioner has not whispered about the alleged life threat given by the respondent. Moreover, the reason canvassed by the petitioner is that it is very difficult to travel from Tirumangalam to Virudhunagat to attend the case and that she could not take leave frequently.

5. Except the above, the petitioner has not canvassed any other reason or ground to transfer the case. Hence, this Court is not inclined to grant any relief and such, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petitions are closed. 03.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No das 3/4

K.MURALI SHANKAR,J.

DAS To The Judicial Magistrate, Tirumangalam, Madurai.

Order made in and Crl.M.P(MD)Nos.10607 and 10608 of 2024 Dated: 03.10.2024 4/4