Madras High CourtCRL OP(MD)/17547/2019dismissed

Balamurali Karthik v. The Inspector Of Police

2019-11-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.17547 of 2019 and Crl.M.P(MD) 10375 of 2019 Balamurali Karthik ... Petitioner Vs

1. The Inspector of Police Thillai Nagar Police Station Trichy District

2. Selvi ... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. praying to withdraw the case in S.C.No. 195 of 2019 pending before the III Additional District and Sessions Court, Trichy and transfer the same to any other District.

For Petitioner : Mr.G.Bhagavath Singh For Respondents : Mr.K.Suyambulinga Bharathi No.1 Government Advocate (Crl. side)

ORDER

This Criminal Original Petition has been filed seeking a direction to withdraw the case in S.C.No. 195 of 2019 pending before the III Additional District and Sessions Court, Trichy and transfer the same to any other District.

2. The learned counsel for the petitioner submitted that the petitioner is facing life threat from the defacto complainant family members. He is involved in the case of 302 of IPC with allegation that he murdered the daughter of the defacto complainant aged about 19 years. Now he is facing trial under Section 302 of IPC in SC No.195 of 2019.

3. The learned Government Advocate (Crl.Side) would submit that he brutally murdered the deceased aged bout 19 years under the pretest of love. He would also submit that absolutely there is no life threat and the case is posted for trial. He would submit that this Court by an order dated 14.11.2019 also dismissed the petition for transfer of investigation.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

4. Considering the facts and circumstances of the case, at this stage transfer of investigation would not serve any purpose as alleged by the petitioner. Hence this petition is dismissed. Consequenly connected miscellaneous petition is also dismissed. However the petitioner is at liberty to lodge a fresh complaint if there is any threat to his life.

Sd/- Assistant Registrar (AD-I) // True Copy // Sub Assistant Registrar(CS) aav To

1. The Inspector of Police Thillai Nagar Police Station Trichy District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.G.BHAGAVATHSINGH, Advocate ( SR-102885[F] dated 02/12/2019 ) Crl.O.P.(MD)No.17547 of 2019 28.11.2019 SMA/18/12/19/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2