Madras High CourtCRL OP(MD)/22748/2022disposed of

V.S Pandi v. P.Chellapandiyan

2023-03-03Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and Crl.M.P.(MD)No.16103 of 2022 V.S.Pandi ... Petitioner Vs.

P.Chellapandiyan ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to issue direction to withdraw and transfer the case in C.C.No.27 of 2020 on the file of the Judicial Magistrate, Nilakottai to any other Court in nearby District for further trial proceedings forthwith.

For Petitioner : Mr.T.Joshua,

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders, to issue direction to withdraw and transfer 1/4

the case in C.C.No.27 of 2020 on the file of the Judicial Magistrate, Nilakottai to any other Court in nearby District for further trial proceedings forthwith.

2. In pursuance of the directions of this Court, the learned Judicial Magistrate, Nilakottai, has submitted a report and that the Bar Association has also submitted a report, wherein, it has been stated that the Bar Association has not passed any resolution, nor issued any directions to the members prohibiting them to appear on behalf of the petitioner in C.C.No.27 of 2020.

3. It is evident from the 'B' Diary that one Advocate Mr.Kannappan, has already filed vakalat on 15.07.2022.

4. Considering the above facts and circumstances and also the report of the Bar Association, Nilakottai, the request for transfer of the case cannot be entertained. But at the same time, considering the fact that the case is pending from 2020 onwards, the learned Magistrate is directed to complete the trial and dispose of the case in C.C.No.27 of 2020, as expeditiously as possible preferably within a period of three 2/4

months from the date of receipt of copy of this order. Both the complainant and the accused are hereby directed to extend their fullest co-operation for disposing the case within the time stipulated by this Court.

5. With the above directions, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. 03.03.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No das To The Judicial Magistrate, Nilakottai.

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K.MURALI SHANKAR,J.

das Order made in and Crl.M.P.(MD)No.16103 of 2022 Dated: 03.03.2023 4/4