Allowed

P.Karunakaran v. M.Regu

Madras HC20 Sept 2019CRL OP(MD)/10659/2017

Case brief

AI extract

What is this about?

In a transfer petition by an accused, the Court, to ensure a fair trial due to the complainant being a local advocate and the counsel being a relative, transferred the case from Nagercoil to Valliyoor. The order directed the record transfer and completion of proceedings within three months.

What did the court decide?

Transfer of case from Fast Track Judicial Magistrate No.I, Nagercoil to Judicial Magistrate, Valliyoor. Records to be sent within two weeks.

P.Karunakaran Vs M.Regu — Civil Procedure and Limitation | Madras HC (2019)

¶1

Crl.O.P.(MD).No.10659 of 2017

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 20.09.2019

¶4

CORAM:

¶5

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

¶6

Crl.O.P.(MD).No.10659 of 2017 and Crl.M.P(MD)Nos.7309 and 7310 of 2017 P.Karunakaran ... Petitioner/Accused

¶7

Vs. M.Regu ... Respondent/ Complainant

¶8

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to withdraw the case in S.T.C.No.100 of 2016 from the file of the Fast Track Judicial Magistrate No.I, Nagercoil and transfer the same to the learned Judicial Magistrate, Valliyoor, Tirunelveli District.

¶9

For Petitioner : Mr.P.Saravanakumar

¶10

For Respondent : Mr.M.V.Sreenivasan

¶11

O R D E R

¶12

This Criminal Original Petition has been filed seeking transfer of S.T.C.No.100 of 2016 pending on the file of the learned Fast Track Judicial Magistrate No.I, Nagercoil, to the file of learned Judicial Magistrate, Valliyoor, Tirunelveli District.

¶13

The petitioner is an accused in S.T.C.No.100 of 2016. The allegations made in the affidavit shows that the petitioner borrowed a sum of Rs.3,00,000/- from the respondent, for which, he issued a cheque. When the cheque was presented in the bank, the same was returned with an endorsement 'Account Closed'. Thereafter, the respondent issued legal notice to the petitioner and filed a private complaint before the learned Judicial Magistrate No.I, Nagercoil.

¶14

When the petitioner wanted to engage a counsel to appear for him before the Court below, he found that the respondent is a practicing Advocate at Nagercoil. More over, the counsel for the respondent in the lower Court is close relative to the respondent. https://hcservices.ecourts.gov.in/hcservices/ Therefore, the petitioner left with no other option, has

¶15

1/2

¶16

Crl.O.P.(MD).No.10659 of 2017

¶17

approached this Court seeking for transfer of the proceedings.

¶18

Heard the learned counsel for the petitioner and the learned Counsel appearing on behalf of the respondent.

¶19

Taking into consideration the facts and circumstances of the case and in order to ensure fair trial to the petitioner, this Court is satisfied that the proceedings will have to be transferred to some other Court. The proceedings in S.T.C.No.100 of 2016 pending on the file of the Fast Track Judicial Magistrate No.I, Nagercoil, is withdrawn and transferred to the file of learned Judicial Magistrate, Valliyoor. The Fast Track Judicial Magistrate No.I, Nagercoil shall send the entire case records within a period of two(02) weeks from the date of receipt of a copy of this order to the learned Judicial Magistrate, Valiyoor. The learned Judicial Magistrate, Valiyoor shall immediately on receipt of the case records renumber the case and shall proceed further in accordance with law and complete the proceedings within a period of three months thereafter.

¶20

Accordingly, the Criminal Original Petition is disposed of with the above directions. Consequently, connected miscellaneous petitions are closed.

¶21

Sub Assistant Registrar(CS)

¶22

das

¶23

To 1.The Fast Track Judicial Magistrate No.I, Nagercoil.

¶24

2.The Judicial Magistrate, Valliyoor.

¶25

+1 CC to M/s.S.ALAGUSUNDAR, Advocate ( SR-88650[F] dated 23/09/2019 )

¶26

Order made in Crl.O.P.(MD).No.10659 of 2017 and Crl.M.P(MD)Nos.7309 and 7310 of 2017 Dated: 20.09.2019

¶27

https://hcservices.ecourts.gov.in/hcservices/ KM/(21.10.2019) 2P 4C

¶28

2/2

P.Karunakaran v. M.Regu

Case brief

What is this about?

What did the court decide?

P.Karunakaran v. M.Regu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Menambal Vs Kamatchiammal

B.G.S.Rajan @ Paul Rajendran Vs Moses Ravindran

Anandan Vs Mayalagan

Kavitha Vs the Commissioner of Police

Silvestre Vs P. Poulraj

Al Ameen Vs L. Jaden Soney