The High Court of Madras referred to a Supreme Court decision to deny the transfer of a criminal trial petition. Noting a lapse of eight years and the obsolescence of the prayer post-supreme court ruling, the court closed the criminal original petition without further orders.
The Criminal Original Petition was closed with no further orders.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.12.2019
CORAM
THE HONOURABLE Mr.JUSTICE M.DHANDAPANI
Crl.O.P.No.18397 of 2011
D. Bindu ... Petitioner
Vs. G. Logeswaran ..Respondent
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C to transfer the trial in C.C.No.174/2010 which is pending on the file of the Hon'ble Judicial Magistrate, Katpadi, Vellore to any other nearby Court outside the Vellore District.
For Petitioner : Mr.R. Krishnaswamy For Respondent : V. Saradha Devi Government Advocate O R D E R
This case was listed today without EB.
2. This Criminal Original Petition is filed under Section 482 of Cr.P.C to transfer the trial in C.C.No.174/2010 which is pending on the file of the Hon'ble Judicial Magistrate, Katpadi, Vellore to any other nearby Court outside the Vellore District.
3. The prayer sought for in this petition cannot be considered in view of the decision of the Hon'ble Apex Court reported in 1992 AIR 604 ( State of Haryana and others Vs. CH BhajanLal and others. Further after a lapse of 8 years, nothing survives in this petition. Hence, no further orders are required in this petition.
4. Accordingly, this Criminal Original Petition is closed.
Assistant Registrar(CO)
//True copy//
Sub Assistant Registrar
smn
To
The Judicial Magistrate, Katpadi, Vellore.
Copy To :The Section Officer, Criminal Records,
High Court of Madras, Chennai.
Crl.O.P.No.18397 of 2011
SS(CO) GMY(19/03/2020)
1 issue framed by the court
Whether the transfer prayer in a criminal original petition can be considered after a lapse of 8 years due to a specific Supreme Court decision.
Colour shows how this judgement treated each authority
State of Haryana and others Vs. CH BhajanLal and othersReferred¶12
1992 AIR 604 ( State of Haryana and others Vs. CH BhajanLal and others) · Who else cites this
1 provisions across 1 enactments
D. Bindu
G. Logeswaran
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
