← Library
Madras High CourtCRL OP(MD)/20616/2021allowed

Solaipriya v. The Inspector Of Police

2022-02-21Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.20616 of 2021 Solaipriya ... Petitioner Vs.

1. The Inspector of Police, All Women Police Station, Aruppukkottai, Virudhunagar District.

(Crime No.38/2013)

2. A.Marimuthu Pandian ... Respondents Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to transfer the case in C.C.No.52 of 2015 on the file of the learned Judicial Magistrate, Aruppukkottai, Virudhunagar District to any other competent Court of Judicial Magistrate in Madurai District.

For Petitioner : Mr.D.Shanmugaraja Sethupathi For R-1 : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) For R-2 : Mrs.P.Sepna @ Sree

ORDER

This Criminal Original Petition has been filed to transfer the case in C.C.No.52 of 2015 on the file of the learned Judicial Magistrate, Aruppukkottai, Virudhunagar District to any other competent Court of Judicial Magistrate in Madurai District.

2. The petitioner is the complainant and she lodged a complaint as against the second respondent and the same was registered in Crime No.38 of 2013 for the offences punishable under Section 498(A), 506(i), 323 of IPC and Section 4 of Dowry Prohibition Act. After completion of investigation, charge sheet 1/3

was filed and the same was taken cognizance in C.C.No.52 of 2015 and it is pending trial on the file of the learned Judicial Magistrate, Aruppukottai.

3. Now, the present petition has been filed for transfer of trial on the ground that the close relative of the second respondent is working as Assistant Public Prosecutor in the Trial Court. The second respondent filed counter and stated that he has no objection to transfer the case to Judicial Magistrate, Tiruchuli or Judicial Magistrate No.1, Virudhunagar or Judicial Magistrate No.2, Virudhunagar.

4. In view of the above, C.C.No.52 of 2015 on the file of the learned Judicial Magistrate, Aruppukottai is hereby withdrawn and the same is transferred to the file of the learned Judicial Magistrate No.2, Virudhunagar. On receipt of the entire bundle, the learned Judicial Magistrate No.2, Virudhunagar is directed to complete the trial within a period of three (3) months thereafter.

5. Accordingly, this Criminal Original Petition is allowed. Sd/- Assistant Registrar(CSIII) // True Copy // / /2022 Sub Assistant Registrar Lm 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 Judicial Magistrate No.2, Virudhunagar.

2. The Inspector of Police, All Women Police Station, Aruppukkottai, Virudhunagar District.

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

2/3

+1 CC to M/s.P.SEPANA @ SREE, Advocate ( SR-7841[F] dated 22/02/2022 ) +1 CC to M/s.D.SHANMUGARAJA SETHUPATHI, Advocate ( SR-7874[F] dated 22/02/2022 ) Crl.O.P(MD).No.20616 of 2021 21.02.2022 SP/17/03/2022/3P/6C 3/3