P.Kamachi v. Saravanan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 15/10/2025

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN P.Kamachi ... Petitioner Vs Saravanan, S.L.S. Traders, 504/2A, Anjugam Colony, Chinnalapatti, Dindigul District.

... Respondent Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to pass an order to withdraw the case in C.C.No.31 of 2020 on the file of the learned Judicial Magistrate, Athoor, Dindigul District and transfer the same to either of the court establishments at the Judicial Magistrate Level in Madurai District.

For Petitioner : Mr.A.S.Murugan 1/4

ORDER

The petitioner seeks the transfer of the case in C.C.No.31 of 2020 from the file of the learned Judicial Magistrate Court, Athoor, Dindigul District to any other competent Court in Madurai District, Since the petitioner has recently undergone heart surgery and is unable to travel to Dindigul to attend the trial.

2.To a specific query put by this Court as to the stage of the trial, the learned counsel for the petitioner stated that the case is now posted for arguments on 17.10.2025.

4.Since the trial is at an advanced stage, this Court is not inclined to entertain this petition at this stage. However, considering the fact that the petitioner has recently undergone heart surgery, the personal appearance of the petitioner before the learned Magistrate is dispensed with, provided he is represented by a lawyer. The petitioner shall, however, appear whenever his presence is required and also on the date of judgment. If the petitioner fails to appear on the dates fixed by the learned Magistrate, the order passed by this Court will lose its efficacy. 2/4

5.With the above observation, this Criminal Original Petition is disposed of.

15.10.2025 Index :Yes/No Internet :Yes/No NCC :Yes/No cp To The Judicial Magistrate, Athoor, Dindigul District.

3/4

SUNDER MOHAN,J CP

ORDER

IN CRL OP(MD) No.17428 of 2025 Date : 15/10/2025 4/4