Document Fragment View

Matching Fragments

This Criminal Original Petition has been filed to withdraw and transfer C.C.No.26 of 2016 on the file of the learned Judicial Magistrate, No.II, Kulithalai to any other Judicial Magistrate Court located in any district other than Karur District and Trichy District.

2.Heard the learned counsel for the petitioner, the learned Government Advocate (Crl.Side) appearing for the 1st respondent and the learned counsel appearing for the 2nd and 3rd respondents.

3.The case of the petitioner is that the second respondent, cheated the petitioner under pretext of getting a job for the petitioner in Tamil Nadu Electricity Board. It is stated that the respondents 2 and 3, who are husband and wife, have committed cheating and other offences and therefore a complaint was given by the petitioner as against the private respondents and the same was registered in Cr.No.225 of 2014. After filing the charge sheet, for offences punishable under Sections 294(b), 323, 506(ii), 406 & 420 IPC, the case was taken on the file of the learned Judicial Magistrate, No.II, Kulithalai in C.C.No.26 of 2016. Though the case is pending from 2016, the present petition for transfer, is filed by the de-facto complainant on the ground that the second respondent is a practicing Advocate in Kulithalai, and that the third respondent is also a police constable working near Kulithalai. Since the 2nd and 3rd respondents are threatening the petitioner, the petitioner apprehend that he may not get justice, if the proceedings of trial is conducted in Kulithalai.

6.The fact that the second respondent is a practicing Advocate in Kulithalai, is not in dispute. Similarly the fact that the 3rd respondent, wife of 2nd respondent, is a Police Constable working in a police station near Kulithalai is also not in a dispute. In that circumstances, this Court finds that the apprehension of the petitioner is reasonable. However, the request of the learned counsel for the petitioner to transfer the proceedings to any other district will cause serious prejudice to the private respondents. Hence, the Original Petition is allowed and the proceedings in C.C.No.26 of 2016 pending before the learned Judicial Magistrate, No.II, Kulithalai is transferred to learned Judicial Magistrate, No.II, Karur and the learned Judicial Magistrate, No.II, Karur may complete the trial as expeditiously as possible, preferably within a period of three months from the date of receipt of records.

7.Hence this Criminal Original Petition is allowed. Consequently, the connected miscellaneous petition is closed.

To

1.The Inspector of Police, Kulithalai Police Station, Karur District.

2.The Judicial Magistrate, No.II, Kulithalai.

3.The Judicial Magistrate, No.II, Karur..