The Court refused a transfer application under CrPC 407 due to a four-year delay. However, it directed the trial court to complete the trial within three months of the order's receipt if not already concluded.
Direct trial court to dispose trial within 3 months; Crl.O.P. disposed; connection Crl.M.P. 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 : 03.04.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.1052 of 2016 and Crl.M.P.No.462 of 2016
Charles Amstrang ...Petitioner
Vs.
Kamaraj ...Respondent
PRAYER: Criminal Original Petition filed under Section 407 of
Cr.P.C., to transfer the case in S.T.C.No.32 of 2015 pending on
the file of the Judicial Magistrate, Chengi to the Judicial
Magistrate No.1, Virudhachalam or any other Court.
For Petitioner : Mr.K.Gandhikumar
For Respondent : No Appearance
O R D E R
The present Criminal Original Petition has been filed to transfer the case in S.T.C.No.32 of 2015 pending on the file of the Judicial Magistrate, Chengi to the Judicial Magistrate No.1, Virudhachalam or any other Court.
2.The petitioner seeks direction to the respondent to transfer the case in S.T.C.No.32 of 2015. Now, almost four years have been lapsed and hence, due to the lapse of period, the prayer sought for by the petitioner cannot be granted now. However, the trial Court namely the Judicial Magistrate, Chengi is directed to dispose the trial in S.T.C.No.32 of 2015 within a period of three months from the date of receipt of a copy of this order, if not already disposed of.
3.With the above observations, this Criminal Original Petition stands disposed of. Consequently, the connected Criminal Miscellaneous Petition is closed.
Sd/Assistant Registrar
//True copy//
Sub Assistant Registrar
rna
To
1.The Judicial Magistrate Court,
Chengi.
2. - do – Through'The chief Judicial Magistrate
Tiruvannamalai.
Crl.O.P.No.1052 of 2016
and Crl.M.P.No.462 of 2016
VD(CO)
GMY(20/05/2019)
2 issues framed by the court
Whether a delay of four years precludes granting of transfer of trial of civil suit
Whether to direct trial court to dismiss incomplete trial within three months
1 provisions across 1 enactments
Charles Amstrang
Kamaraj
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
