Chinnakannu v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD) No.22703 of 2022 and Crl.M.P(MD).No.16064 of 2022 Chinnakannu ... Petitioner Vs.

1.State represented by its, Deputy Superintendent of Police, Devarkulam Police Station, Tirunelveli.

2.Velladurai 3.Lakshmana Perumal 4.Veluduraichi 5.Thalavaipandi ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to withdraw the case in S.C.No.69 of 2017 pending before the 1/5

learned II Additional District & Sessions Court (PCR), Tirunelveli and transfer the same to the file of learned Principal District Sessions Judge, Madurai.

For petitioner : M/s.T.Seeni Syed Amma For R1 : Mr.S.Manikandan Government Advocate (Crl. Side) For R3 : Mr.S.Sathya Chidambaram O RDER This petition has been filed seeking direction to withdraw the case in S.C.No.69 of 2017 pending before the learned II Additional District & Sessions Court (PCR), Tirunelveli and transfer the same to the file of learned Principal District Sessions Judge, Madurai.

2. The learned counsel for the petitioner submitted that the petitioner is the one of the witness in S.C.No.69 of 2017 on the file of the II Additional District and Sessions Court (PCR), Tirunelveli and the accused persons are the majority community people in that area and they are frequently threatened the witnesses not to give deposition against the accused persons. Hence, the present petition has been filed. 2/5

3. Learned Government Advocate (Crl.Side) appearing for the first respondent police and the learned counsel for the third respondent have no objections to transfer the case.

4. Considering the facts and the circumstances of this case and this Court has also satisfied the grounds raised by the petitioner and also the report obtained from the learned Sessions Judge, Mahila Court, Tirunelveli dated 22.02.2024, the case in S.C.No.69 of 2017 on the file of the learned II Additional District & Sessions Court (PCR), Tirunelveli is transferred to III Additional PCR Court, Madurai. The learned Sessions Judge, Mahila Court, Tirunelveli is directed to transmit the entire case bundle to III Additional PCR Court Madurai within a period of two weeks from the date of receipt of copy of this order. Accordingly, this Criminal Original Petition is allowed. Consequently, the connected miscellaneous petition is closed.

28.02.2024 Index : Yes/No Internet : Yes/No tta 3/5

To

1. Deputy Superintendent of Police, Devarkulam Police Station, Tirunelveli.

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

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M.DHANDAPANI. J.

tta Crl.O.P.(MD) No.22703 of 2022 and Crl.M.P(MD).No.16064 of 2022 28.02.2024 5/5