Madras High CourtCRL MP(MD)/17507/2023disposed of

V.Manimegalai v. The Inspector Of Police

2023-12-12Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Appellate Jurisdiction Tuesday, the Twelfth day of December Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.ILANGOVAN in CRL OP(MD)No.7878 of 2023 V.Manimegalai W/o.Late.Vijayan ... Petitioner/2nd Respondent Vs 1 The Inspector of Police District Crime Branch Theni District.

(In Crime No.5/2018) ...1st Respondent/Complainant 2 S.Gunasekaran S/o.Shanmugam Pillai, ...2nd Respondent/Petitioner Prayer :- Criminal Miscellaneous Petition Under Section 482 of Criminal Procedure Code to modify the order dated 27.04.2023 in Crl.O.P.(MD).No.7878 of 2023 on the file of this Honble Court and issue a direction to retransfer the case in C.C.No.240 of 2023 on the file of the Learned Judicial Magistrate, Bodinayakanur (earlier C.C.No.126 on the file of the Learned Judicial Magistrate,Theni) to the Learned Judicial Magistrate,Theni.

Prayer in CRL OP(MD). 7878/ 2023 :

Criminal original Petition is filed under section 482 of Cr.P.C,to transfer the case in C.C.No.126/2019 from the learned Judicial Magistrate Theni to the learned 1/4

Judicial Magistrate Bodinayakkanur.

ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s. M.Prabu, Advocate for the Petitioner and of M/s. M.Sakthi Kumar Government Advocate For R1 B.Jeyakumar For R2,for the respondents, this Court made the following order:

" Seeking to modify the order passed by this Court in Crl.O.P(MD) No.7879 of 2023, this petition has been filed.

2. C.C. No.126 of 2019 pending on the file of the learned Judicial Magistrate, Theni is ordered to be transferred to the file of the learned Judicial Magistrate, Bodinayakanur to be tried simultaneously along with STC Nos.462 of 2018, 467 of 2018 and 913 of 2019 which are pending before the learned Judicial Magistrate, Bodinayakanur. Now it is informed that before the order reaching the concerned Court all the STC cases have been transferred to the Special Court, Exclusively trial of cases under 138 of Negotiable Instrument Act situated at Theni. On that ground this petition has been filed.

3. There is an order of re-transfer of STC Nos.462 of 2018, 467 of 2018 and 913 of 2019 from the file of Special Court to the file of the learned Judicial Magistrate, Bodinayakanur to be tried simultaneously along with CC. No. 126 of 2019 pending 2/4

on the file of the learned Judicial Magistrate, Bodinayakanur.

4. With the above said modification this petition is disposed of. Issue fresh order copy."

Sd/- Assistant Registrar() // True Copy // /12/2023 Sub Assistant Registrar(CS ) aav TO 1.The Judicial Magistrate, Theni.

2. The Judicial Magistrate, Bodinayakkanur. 3.The Judge, Special Court, Exclusively trial of cases under 138 of Negotiable Instrument Act , Theni.

4. The Inspector of Police District Crime Branch, Theni District.

5. The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4

ORDER DATED : 12/12/2023 ========================== Modification ========================== in CRL OP(MD)No.7878 of 2023 Giving direction and etc.

as stated within.

AMS/22.12.2023 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4