In this criminal original petition under Section 407 CrPC, the petitioner sought transfer of a case alleging bias by the Judicial Magistrate due to pending older cases. The Court dismissed the petition as the transfer application was filed in 2010, and the magistrate cited as biased had since left office by the date of judgment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:10.06.2015
CORAM
THE HON'BLE MR.JUSTICE R.S.RAMANATHAN
CRL.O.P.No.30095 of 2010
V.Sureshbabu ... Petitioner/Accused
. Vs .
P.Duraisamy ... Respondent/Complainant
Prayer:- Criminal Original Petition filed under section 407 of the Code of Criminal Procedure, praying to Transfer the Calender Case in C.C.No.695 of 2010 from the file of the Judicial Magistrate No.I, Coimbatore to any other competent Court in any other district.
For Petitioner : Mr.N.Ramesh For Respondent : No Appearance
ORDER
This Criminal Original Petition is filed seeking transfer of the case in C.C.No.695 of 2010 from the file of Judicial Magistrate No.I, Coimbatore to any other Court.
2.The allegation made against the learned Judicial Magistrate No.I is that the learned Judicial Magistrate wanted to give priority to this case eventhough the cases of the year 2006 are pending.
3.Heard Mr.N.Ramesh, learned counsel for the petitioner. There is no representation for the respondent.
4.Admittedly, the transfer application was filed in the year 2010 and the learned Judicial Magistrate, who was holding the office was transferred and therefore, the allegation of the petitioner has no basis as on date. Hence, this petition is dismissed.
5.In the result, the Criminal Original Petition is dismissed. Connected M.P.Nos.1 and 2 of 2010 are closed.
Sd/-
Assistant Registrar(CS II)
//True Copy//
Sub Assistant Registrar
cla
To
The Judicial Magistrate No.I,
Coimbatore.
CRL.O.P.No.30095 of 2010
ALA(CO)
CA(24/06/2015)
1 issue framed by the court
Whether the allegation that the Judicial Magistrate gave priority to the current case despite pending 2006 cases provides a ground for transferring the case.
1 provisions across 1 enactments
V. Sureshbabu
P. Duraisamy
R.S.Ramanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
