The Madurai Bench of the Madras High Court dismissed the Criminal Original Petition seeking transfer of a reference case, holding it infructuous as the connected matter was already disposed of by a prior order confirming the lower court's judgment.
The Criminal Original Petition is dismissed as infructuous; connected Miscellaneous Petition is 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.
CRL.O.P.(MD).No.18794 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.12.2021 CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
CRL.O.P.(MD).No.18794 of 2019 and
Crl.M.P.(MD)No.11029 of 2019
M.Deepalakshmi
Vs.
P.Chandrasekaran : Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to transfer the Crl.RC.No.35 of 2014 from the file of the learned III Additional District and Sessions Judge, Tirunelveli to this Court to hear and dispose of the same along with Crl.RC(MD) No.509 of 2016.
For Petitioner : Mr.Saravanan
For Respondent : Mr.T.Selvan
ORDER
The Criminal Original Petition is filed seeking orders to transfer the Crl.RC.No.35 of 2014 from the file of the learned III Additional District and Sessions Judge, Tirunelveli to this Court to hear and dispose of the same along with Crl.RC(MD)No.509 of 2016.
2.When the matter is taken up for hearing today (i.e.16.12.2021), the learned counsel for the petitioner as well as the respondent would submit that this Court has already disposed the Crl.RC(MD)No.509 of 2016, on 10.06.2020 confirming the order passed by the learned Sessions Judge.
3.Considering the above, nothing survives for further adjudication in this petition. Hence, the Criminal Original Petition is dismissed as infructuous. Consequently, connected Miscellaneous Petition is closed.
Assistant Registrar (CS-III)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
das
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CRL.O.P.(MD).No.18794 of 2019
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
The III Additional District and Sessions Judge, Tirunelveli.
CRL.O.P.(MD).No.18794 of 2019 and Crl.M.P.(MD)No.11029 of 2019 16.12.2021
RD(3.01.2022) 2P 2C
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1 issue framed by the court
Whether the transfer petition survives after the connected reference case has been disposed of by this Court.
M.Deepalakshmi
P.Chandrasekaran
K.Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
