Madras High Court
Kumaravel vs The Inspector Of Police on 22 July, 2020
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.O.P. No. 866 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.07.2020
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl. O.P. No.866 of 2020
and
Crl. M.P. No.500 of 2020
Kumaravel,
S/o. Ramasamay,
No.286, Sandhai Road,
Om Sakthi Mandram Opposite,
Kandhan Nagar, Velur,
Namakkal District. ... Petitioner
vs.
The Inspector of Police,
Paramathi Police Station,
Namkkal District. ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying
to withdraw C.C. No.63 of 2019 from the Judicial Magistrate, Paramathi and
transfer the same to the Judicial Magistrate – I, Salem.
For Petitioner : Mr. E.P.Senniyangiri
For Respondent : Mr. S.Karthikeyan
Additional Public Prosecutor
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Crl.O.P. No. 866 of 2020
ORDER
This petition has been filed to withdraw C.C. No.63 of 2019 from the Judicial Magistrate, Paramathi and transfer the same to the Judicial Magistrate – I, Salem.
2. It is averred that petitioner appeared in H.M.O.P. No.54 of 2018, on the file of Sub Court, Paramathi on 27.02.2019. On that date, there was a wordy quarrel between the petitioner and the Court staff of Sub Court, Paramathi. Therefore, the Court staff filed a complaint against the petitioner and the same was registered in Cr. No.42 of 2019 for the offence under Section 294 (b), 353, 506(i) and taken cognizance in C.C. No.63 of 2019 on the file of Judicial Magistrate, Paramathi. Even after the alleged occurrence, the petitioner did not even entered the Court premises and the Court staff is threatening the petitioner and in fact, he did not appeared for divorce petition in H.M.O.P. No.54 of 2018, before the Sub Court, Paramathi. Therefore, the divorce petition was decreed without his presence and ex-parte decree was granted in favour of his wife. If the trial in C.C.No.63 of 2019 is proceeded before the Judicial Magistrate, Paramathi, he would not get fair trial and justice since the Sub Court and Magistrate Court are situated in combined building and it is very difficult for http://www.judis.nic.in 2/4 Crl.O.P. No. 866 of 2020 the petitioner to enter into the Court premises
3. Considering the facts and circumstances of the case and since the occurrence had taken place in the premises of Sub Court, Paramathi and as such the petitioner is not in a position to attend the Court proceedings in C.C. No.63 of 2019, this Court is inclined to withdraw the case in C.C. No.63 of 2019 from the file of Judicial Magistrate, Paramathi.
4. Accordingly, C.C. No.63 of 2019 is hereby withdrawn from the file of Judicial Magistrate, Paramathi and the same is transferred to the file of Judicial Magistrate, Tiruchengode. The learned Judicial Magistrate, Tiruchengode is directed to complete the trial within a period of six months from the date of receipt of entire bundle from the Judicial Magistrate, Paramathi.
5. With the above directions, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.
22.07.2020
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Speaking Order/Non-Speaking Order
Index : Yes/No
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Crl.O.P. No. 866 of 2020
G.K.ILANTHIRAIYAN, J.
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To
1.The Judicial Magistrate, Tiruchengode.
2.The Inspector of Police, Paramathi Police Station, Namakkal District.
3.The Public Prosecutor, High Court of Madras.
Crl. O.P. No.866 of 2020
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