Madras High CourtCRL OP(MD)/9901/2017disposed of

Mohan Iyar v. T. Saraswathi

2019-09-26Honourable Mr Justice N. Anand Venkatesh2 pages

Crl.O.P.(MD)No. 9901 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.09.2019

CORAM:

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No. 9901 of 2017 and Crl.M.P.(MD).No.6752 of 2017 Mohan Iyar ...

Petitioner/ Defacto Complainant Vs.

T.Saraswathi ...

Respondent/Petitioner PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to withdraw the case in C.C.No.232 of 2014, on the file of the Judicial Magistrate No.II, Nagercoil, Kanyakumari District and transfer the same to some other Court outside the Kanyakumari District.

For Petitioner : Mr.S.Ramasamy For Respondent : No Appearance

O R D E R

This Criminal Original Petition has been filed seeking to transfer of proceedings in C.C.No.232 of 2014, pending on the file of the Judicial Magistrate No.II, Nagercoil, Kanyakumari District. 2.The respondent has filed a private complaint against the petitioner and others. This transfer petition has been filed mainly on the ground that there is another private complaint, which has been filed against the petitioner by one of the Advocate practising at Nagercoil and a resolution has been passed, whereby, none of the Advocates in Nagercoil are willing to appear appear for the petitioner. It is further contended that the petitioner will not get a fair trial before the Court below.

3.Heard the learned counsel appearing for the petitioner. 4.It is seen from the records that apart from the petitioner there are other accused persons, who are facing the private complaint before the Court below. Therefore, the proceedings cannot be transferred only by taking into consideration the convenience of the petitioner and convenience of others must also be taken into consideration.

5.Taking into consideration the facts and circumstances of the case, this Court is not inclined to transfer the proceedings. The https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No. 9901 of 2017 presence of the petitioner is dispensed with and he shall be represented by a counsel. The petitioner shall be present before the Court below at the time of framing of the charges, at the time of questioning under Section 313 of the Code of Criminal Procedure and at the time of final judgment. The counsel representing the petitioner shall cross-examine the witnesses on the same day they are examined in chief and the petitioner shall not dispute the identity of the witnesses.

6.This Criminal Original Petition is disposed of with a direction to the learned Judicial Magistrate No.II, Nagercoil, Kanyakumari District to complete the proceedings in C.C.No.232 of 2014 within a period of three months from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) tsg To 1.The Judicial Magistrate No.II, Nagercoil, Kanyakumari District.

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

+1CC TO MR.S.RAMASAMY, Advocate Sr. No.90117 Crl.O.P.(MD)No. 9901 of 2017 26.09.2019 KM(CO) TR(18.10.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2