Gayathiri v. Senthil Kumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.O.P (MD) No.18992 of 2022 Gayathri

...Petitioner

vs 1.Senthil Kumar 2.Namatchivaayam 3.Kamatchi 4.Suresh 5.Rajeshwari 6.Damodaran

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to transfer the case in CC.No.281 of 2015 on the file of the learned Judicial Magistrate, Aruppukottai to the file of the learned Judicial Magistrate, Thuraiyur.

For Petitioner : Mr.S.Poornachandran 1/4

O R D E R

This Criminal Original Petition had been filed to transfer the case in C.C.No.281 of 2015 on the file of the learned Judicial Magistrate, Aruppukottai to the file of learned Judicial Magistrate, Thuraiyur. 2.It is the submission of the learned Counsel for the Petitioner that when the case was lodged by the Petitioner, she was residing in her in laws' house. Therefore, she had preferred the private complaint with the Court of the learned Judicial Magistrate, Aruppukottai. 3.Based on the statement of the Petitioner as well as the other witnesses, the learned Judicial Magistrate, Aruppukottai, had taken the complaint on file as C.C.No.281 of 2015. It is pending till date. Now, the Petitioner is separated from the in laws' house and is residing at her native village at Trichy District, which is within the local limits of the Court of the learned Judicial Magistrate, Thuraiyur, Trichy. Therefore, she seeks to withdraw the case in C.C.No.281 of 2015 from the file of the learned Judicial Magistrate, Aruppukkottai to the file of the learned Judicial Magistrate, Thuraiyur, Trichy.

2/4

4.As per the submission of the learned Counsel for the Petitioner, the Petitioner had enclosed a printed copy of the case status uploaded on the web-site of the learned Judicial Magistrate, Aruppukkottai showing that the service is pending for all these years and there is no progress. 5.In the light of the submission made by the learned Counsel for the Petitioner, the case in C.C.No.281 of 2015 pending on the file of the learned Judicial Magistrate, Aruppukkottai is ordered to be withdrawn and transferred to the file of learned Judicial Magistrate, Thuraiyur, Trichy. The learned Judicial Magistrate, Aruppukkottai is directed to send the case records in C.C.No.281 of 2015 to the learned Judicial Magistrate, Thuraiyur, Trichy, as expeditiously as possible. On receipt of the case records from the Court of the learned Judicial Magistrate, Aruppukkottai, the learned Judicial Magistrate, Thuraiyur, Trichy, shall number the same, issue fresh summons to the accused and proceed with the trial as per law. 3/4

SATHI KUMAR SUKUMARA KURUP , J.

mm 6.With the above directions, the Criminal Original Petition is disposed of.

Internet:Yes/No 25.11.2022 Index:Yes/No mm To 1.The Judicial Magistrate, Aruppukkottai.

2.The Judicial Magistrate, Thuraiyur, Trichy.

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

Crl.O.P (MD) No.18992 of 2022 4/4