Dr. P. Muthu v. The Deputy Superintendent Of Police

Crl.O.P.(MD).No.19503 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No. 19503 of 2019 Dr. P. Muthu ... Petitioner/Defacto complainant Vs.

1. The Deputy Superintendent of Police, Kottaipattinam, Pudukkottai District.

2. The Inspector of Police, Manamelgudi Police Station, Pudukkottai District.

... R-1 & R-2/Complainant

3. N.K. Pandiyaraman

4. Abubakkar Shithick ...R-3 & 4/Accused Nos.1 & 2 PRAYER: This Criminal Original Petition has been filed under Section 407 of Criminal Procedure Code, to issue a direction to withdraw the case in Spl. S.C. No. 10 of 2009 from the learned PCR/Mahila Court, Pudukkottai and transfer the same to some other competent Court.

For Petitioner : Mr.V. Selva For R-1 & R-2 : Mr.S.Chandrasekar, Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed to issue a direction to withdraw the case in Spl. S.C. No. 10 of 2009 from the learned PCR/Mahila Court, Pudukkottai and transfer the same to some other competent Court.

2. The learned counsel appearing for the petitioner would submit that though the petition has been filed seeking for a direction to transfer the case in Spl. S.C. No. 10 of 2019 from the file of the learned PCR/Mahila Court, Pudukkottai to some other competent Court on the ground of security to the petitioner, he would submit that it would be sufficient if direction may be issued to the second respondent to give adequate protection to the petitioner from his home to the Court and back to appear before the trial Court on hearing date i.e., on 28.01.2020 or any other date fixed by the trial Court for giving evidence. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.19503 of 2019

3. The learned Additional Public Prosecutor appearing for the respondent police would submit that direction may be issued to the Superintendent of Police, Pudukkottai District to give necessary and adequte police protection to the petitioner for appearing before the PCR/Mahila Court, Pudukkottai District on 28.02.2020 or any other date fixed by the trial Court for appearance of the petitioner. The statement is recorded.

4. Recording the aforesaid submission, the petitioner is directed to give a representation before the Superintendent of Police, Pudukkottai District to provide adequate protection to the petitioner and on such representation being given the Superintendent of Police, Pudukottai District shall give adequate and necessary police protection for the petitioner's appearance before the PCR/Mahila Court, Pudukottai on 28.02.2020 or any other subsequent date fixed by the trial Court. It is also brought to the knowledge of this Court that the petitioner is also a witness in other cases and in such circumstances if the petitioner makes further representation it can be suitably considered by the Superintendent of Police, Pudukottai District.

5. With the above directions, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) To

1. The Judge, PCR/Mahila Court, Pudukkottai.

2. The Superintendent of Police, Pudukkottai District.

3. The Deputy Superintendent of Police, Kottaipattinam, Pudukkottai District.

4. The Inspector of Police, Manamelgudi Police Station, Pudukkottai District.

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

Crl.O.P.(MD).No.19503 of 2019 05.02.2020 ksa SDS (19.02.2020) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2