Madras High CourtCRL OP(MD)/1344/2011dismissed

K.R. Karnan v. Sathanantham

2015-06-24Honourable Mr Justice M.M.Sundresh1 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)No.1344 of 2011 and M.P.(MD).No.1 of 2011 K.R.Karnan ... Petitioner /Sole Accused Vs.

Sathanantham ... Respondent/Complainant PRAYER: Criminal Original Petition is filed under Section 407 of the Code of Criminal Procedure, praying to pass an order withdraw and transfer the case in S.T.C.No.357 of 2007 on the file of the District Munsif cum the Learned Judicial Magistrate,Orathanadu,Thanjavur to any other learned Judicial Magistrate within the District of Thanjavur.

For Petitioner : Mr.K.Prabakaran For Respondent : Mrs.S.Prabha, Government Advocate

O R D E R

Seeking a direction to transfer the pending case in S.T.C.No.357 of 2007 on the file of the learned District Munsif cum Judicial Magistrate, Orathanadu, the petitioner has come up with this petition.

2. Heard the learned counsel appearing for the petitioner and perused the records carefully.

3. When the matter is taken up for hearing today, the learned counsel for the petitioner submitted that the petitioner is being threatened by the well wishers of the respondent while he was attending to the trial court. As the case is pending for nearly nine years, this petitioner filed this petition.

4. Considering the facts and circumstances of the case, and the contentions made by the learned counsel, this court is of the view that merely based upon the vague allegation, the petitioner could not approach this court by filing this petition. If there is real threat for his livelihood, the petitioner is at liberty to approach the trial court.

5. With these observations, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To The District Munsif cum Judicial Magistrate , Orathanadau,Thanjavur District PJL..RL/2 c- 22/7/2015 Crl.O.P.(MD)No.1344 of 2011 https://hcservices.ecourts.gov.in/hcservices/ and M.P.(MD).No.1 of 2011 24.06.2015