Madras High Court
Rajasekaran vs Inspector Of Police on 8 July, 2019
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.07.2019
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.No.17891 of 2019
and
Crl.M.P.No.9004 of 2019
Rajasekaran ... Petitioner
Vs.
Inspector of Police,
All Women Police Station,
P.Velur,
Namakkal District. ... Respondent
PRAYER: Criminal Original petition filed under Section 482 of
Code of Criminal Procedure, to withdraw C.C.No.79 of 2019 from
the file of Judicial Magistrate, Paramathy and transfer the same to
the file of Judicial Magistrate-I, Salem.
For Petitioner : Mr.E.P.Senniyangiri
For Respondent : Mr.M.Mohamed Riyaz
Additional Public Prosecutor
****
ORDER
This petition has been filed seeking for the transfer of proceedings in C.C.No.79 of 2019 pending on the file of the Judicial Magistrate, Paramathy.
http://www.judis.nic.in 2
2.The petitioner has been shown as an accused in Crime No.2 of 2019 for an alleged offences under Section 294(b), 341, 354, 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 2002. The investigation was completed and a final report was also filed before the Judicial Magistrate, Paramathi and the same was taken on file in C.C.No.79 of 2019. The present petition has been filed seeking for transfer on the ground which is extracted hereunder :
"8.This Petitioner humbly submits that there is a Bar Resolution which prevents Advocates from appearing on this petitioner's behalf. Further, the petitioner also gave complaint against the advocates including the Bar President and now that is pending before the Bar Council of Tamil Nadu. Now the petitioner does not have assistance of the Advocate in Paramathy, Namakkal District. This petitioner is also apprehending for life on the hands of the advocates. In this circumstances the petitioner could not conduct trial before Judicial Magistrate, Paramathy."
3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent police.
4.Taking into consideration the facts and circumstances of the case and in order to ensure that the petitioner is given a fair http://www.judis.nic.in opportunity to defend himself in the case, the proceedings pending 3 in C.C.No.79 of 2019 on the file of the Judicial Magistrate, Paramathy, is withdrawn and transferred to the file of the Judicial Magistrate-II, Salem. The entire case records shall be sent to the Judicial Magistrate, Salem, within a period of four weeks from the date of receipt of copy of this order. Immediately on receipt of the case files, the Judicial Magistrate No.II, Salem, shall proceed further and complete the proceedings as expeditiously as possible.
5.With the above directions, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.
08.07.2019
Index : Yes/No
Internet : Yes/No
Speaking order / Non-Speaking order pnn To Inspector of Police, All Women Police Station, P.Velur, Namakkal District.
http://www.judis.nic.in 4 N.ANAND VENKATESH, J.
pnn Crl.O.P.No.17891 of 2019 and Crl.M.P.No.9004 of 2019 08.07.2019 http://www.judis.nic.in