Madras High CourtCRL OP(MD)/15022/2017disposed of

T.Sudhar v. The Inspector Of Police

2019-09-20Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH and Crl.M.P(MD)No.9984 of 2017 1.T.Sudhar 2.T.Subin ... Petitioners Vs.

1.The State represented by The Inspector of Police Station, Karungal Police Station, Kanyakumari District.

Crime No.612 of 2015.

2.John Jebakani ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to transfer the case in S.C.No.273 of 2017, pending before the learned District and Sessions Court, Nagercoil, Kanyakumari District to the learned District and Sessions Court, Tirunelveli District or any other competent Court within the Tirunelveli District.

For Petitioners : Mr.K.Rajeshwaran For R1 : Mr.S.Chandrasekar Additional Public Prosecutor For R2 : Mr.E.V.N.Siva

O R D E R

This Criminal Original Petition has been filed seeking transfer of S.C.No.273 of 2017, pending on the file of the District and Sessions Court, Nagercoil, Kanyakumari District to the file of District and Sessions Court, Tirunelveli District.

2. The petitioner are accused in S.C.No.273 of 2017. The allegations made in the affidavit shows that there was a family dispute between the petitioners' family and the defacto complaint. 1/3

Therefore, the second respondent lodged a complaint before the first respondent police. After conducting investigation, the first respondent police filed a charge sheet before the learned Judicial Magistrate No.II, Nagercoil and the same was taken cognizance in S.T.C.No.114 of 2014.

3. When the petitioners wanted to engage a counsel to appear for them before the Court below, they found that the second respondent is a practicing Advocate at Nagercoil. Therefore, no advocate will appear for the petitioners in the criminal case. Therefore, the petitioners left with no other option, has approached this Court seeking for transfer of the proceedings.

4. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing on behalf of the respondents and also the learned counsel for the second respondent.

5. Taking into consideration the facts and circumstances of the case and in order to ensure fair trial to the petitioners, this Court is satisfied that the proceedings will have to be transferred to some other Court. The proceedings in S.T.C.No.114 of 2014, pending on the file of the learned Judicial Magistrate Court No.II, Nagercoil, is withdrawn and transferred to the file of learned Judicial Magistrate, Vallioor, Tirunelveli District. The learned Judicial Magistrate Court No.II, Nagercoil, shall send the entire case records within a period of two(02) weeks from the date of receipt of a copy of this order to the learned Judicial Magistrate, Vallioor, Tirunelveli District. The learned Judicial Magistrate, Vallioor, Tirunelveli District shall immediately on receipt of the case records renumber the case and shall proceed further in accordance with law and complete the proceedings within a period of three months thereafter.

6. Accordingly, the Criminal Original Petition is disposed of with the above directions. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AD-II) /TRUE COPY/ Sub Assistant Registrar das To 1 THE DISTRICT AND SESSIONS COURT, NAGERCOIL, KANYAKUMARI DISTRICT.

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2 THE DISTRICT AND SESSIONS COURT, TIRUNELVELI DISTRICT.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:

1.THE JUDICIAL MAGISTRATE COURT NO.II, NAGERCOIL AT KANYAKUMARI DISTRICT.

2.THE JUDICIAL MAGISTRATE, VALLIOOR, TIRUNELVELI DISTRICT.

+1 CC to M/s.E.V.N.SIVA, Advocate ( SR-88595[F] dated 23/09/2019 ) Order made in and Crl.M.P(MD)No.9984 of 2017 Dated:

20.09.2019 JM/16.10.2019/3P/7C 3/3