The High Court of Madras disposed of two Criminal Original Petitions seeking transfer of a criminal case from Ambattur to Chennai. Noting that the case bundle had already been transferred to the Special Metropolitan Magistrate, Chennai, the court closed the petitions.
Both the Criminal Original Petitions and connected Miscellaneous Petitions are closed.
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 : 17.03.2016
CORAM :
THE HONOURABLE MS. JUSTICE R.MALA
Crl.O.P.Nos.7220 and 8028 of 2013 and M.P.Nos.1 and 1 of 2013
Tmt.A.Anitha ... Petitioner in both petitions
Vs.
C.Ravichandran ... Respondent/Accused in both OPs
Prayer: Criminal Original Petitions are filed under Section 407(2) of Cr.P.C., to transfer the cases in Crl.M.P.Nos.1204 of 2013 and 1205 of 2013 in Cr.No.870 of 2011 from the file of the learned Judicial Magistrate, Ambattur to the file of competent jurisdiction Magistrate Court at Chennai.
For Petitioner : Mr.T.Jaishankar (for both petitions) For Respondent : Notice served, No Representation
COMMON ORDER
These petitions are filed to transfer the cases in Crl.M.P.Nos.1204/2013 and 1205/2013 in Cr.No.870 of 2011 from the file of the learned Judicial Magistrate, Ambattur to the file of competent jurisdictional Magistrate Court at Chennai.
2.Today, when the matters came up for hearing, the attention of this court is brought to the report of the Judicial Magistrate, Ambattur dated 22.02.2016 to the effect that the entire case bundle pertaining to Cr.No.870 of 2011 has already been transferred to the Special Metropolitan Magistrate, Special Court for Exclusive Trial of Land Grabbing Cases No.I, Chennai-3 in D.No.1670/2015 dated 11.06.2015. The same is also conceded by the learned counsel for the petitioner.
3.Recording the same, both the petitions are closed. Consequently, connected Miscellaneous Petitions are closed.
Sd/-
Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
rk
To
1.The Judicial Magistrate,
Ambattur.
2.The Special Metropolitan Magistrate,
Special Court for Exclusive Trial of
Land Grabbing Cases No.I,
Chennai-3.
+5cc's to Mr.T.Kumar, Advocate, S.R.No.17535
Crl.O.P.Nos.7220 and 8028 of 2013
SCD(CO)
CA(31/03/2016)
1 issue framed by the court
Whether criminal original petitions filed for transfer of cases are maintainable when the case bundle has already been transferred to a different Magistrate Court.
1 provisions across 1 enactments
Tmt. A. Anitha
C. Ravichandran
R. Mala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
