The court dismissed a Criminal Original Petition seeking transfer of a cheque bounce case from Theni to Uthamapalayam. The judgment found the petitioner's reasons for transfer were inconsistent, fabricated, and lacking bona fides.
Transfer petition dismissed; connected miscellaneous petition 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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 21.02.2018
Pronounced on : 18.05.2018
CORAM:
THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM
CRL.OP.(MD)No.8671 of 2014 and MP.(MD)No.1 of 2014
R. Saravanan ..Petitioner/Complainant
versus Uma Maheswari .. Respondent/Accused
Prayer : Criminal Original Petition is filed under Section 407(2) of the Criminal Procedure Code to pass an order to withdraw the case in STC.No.114 of 2013 on the file of the learned Judicial Magistrate/Fast Track Court, Theni, Theni District and transfer to any other court in the neighbouring Theni District more particularly the learned Judicial Magistrate/Fast Track Court, Uthamapalayam, Theni District forthwith.
For Petitioner :Mr.S.Palanivelayutham
For Respondent : No appearance
O R D E R
This petition has been filed by the complainant u/s.407(2) of the Criminal Procedure Code to transfer the case in STC.No.114 of 2013 from the file of the Fast Track Court (Magistrate Level), Theni to the Fast Track Court (Magistrate Level), Uthamapalayam.
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complaint against the witness viz., Karthikeyan before the same police station and thereby, she threatened the witness not to give evidence against her in the aforesaid case. He further submitted that the police has closed the said complaint as false and even thereafter, she is threatening the petitioner and hence he is not able to conduct the case before the Judicial Magistrate at Theni and therefore, the petitioner has filed a transfer petition in Crl.MP.No.184 of 2014 on the file of the Principal District and Sessions Judge, Theni to transfer the aforesaid case to the Judicial Magistrate, Uthamapalalyam. But the learned Principal and Judicial Magistrate had dismissed the said petition on 20.07.2003 without assigning any valid reason. He further submitted that if the case in STC.No.114 of 2013 is transferred to the Judicial Magistrate, Uthamapalalyam, that it would not cause any prejudice to the respondent and therefore, he prayed to transfer the above said case to the Judicial Magistrate, Uthamapalayam.
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counsel appeared. The learned Judicial Magistrate taking into consideration, already sufficient time has been given to the petitioner/complainant for adducing additional evidence, he closed the evidence and posted the matter for questioning the accused u/s.313 of Cr.P.C., and not for arguments as alleged by the petitioner.
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Supervisor in Theni District to rectify the defects in Petrol Bunks of Theni District. So he has to travel to the entire District. Therefore, he cannot take a stand that he has been advised by the doctor not to travel for a long distance. Further though he has stated that a complaint was lodged against the respondent on 05.01.2014, it is not known whether any action was taken on the said complaint by the police. Therefore, this Court is of the view that there is no bonafide in the petition for seeking transfer of the aforesaid case from the Judicial Magistrate Court, Theni to Judicial Magistrate Court, Uthamapalayam.
In the result, this petition is dismissed. Consequently, connected miscellaneous petition is closed.
Sub Assistant Registrar
To
The Judicial Magistrate/Fast Track Court, Theni,
Theni District.
GV/VS
DS/SV/MMS/SAR-2 :01.6.2018: 4P/2C
1 issue framed by the court
Whether the transfer petition filed under Section 407(2) CrPC is bona fide or based on inconsistent and fabricated grounds.
1 provisions across 1 enactments
R. Saravanan
Uma Maheswari
P. RAJAMANICKAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
