Petitioner sought transfer of a criminal complaint to another magistrate alleging threats. The court dismissed, holding transfer cannot be ordered merely upon filing before the original court.
Transfer of Cr.M.P. No.1197 of 2021 to Judicial Magistrate, Pudukkottai, dismissed.
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 : 07.06.2022
CORAM:
THE HON'BLE MR.JUSTICE N.SATHISH KUMAR
Crl.O.P.No.11231 of 2022 and Crl.M.P.No.6458 of 2022
Fr. R.Swamynathan, Parish Priest, S/o. Rethinam
...Petitioner
Versus
ASA. Dass (Arockiadass), S/o. Amaladoss
...Respondent
PRAYER: Criminal Original Petition filed under Section 407 of the Code of Criminal Procedure, to withdraw and transfer the Crl.M.P.No.1197 of 2021 on the file of Judicial Magistrate, Seerkazhi to Judicial Magistrate, Pudukkottai.
For Petitioner : Ms.R.Revathy
ORDER
This Criminal Original Petition has been filed to withdraw and transfer the Crl.M.P.No.1197 of 2021 on the file of Judicial Magistrate, Sirkali to Judicial Magistrate, Pudukottai.
2.Heard the learned counsel appearing for petitioner and perused the records.
3.This Court, at the outset, is of the view that even before the private complaint was taken on file, this petition has been filed. Therefore, mere filing of a private complaint, the transfer cannot be ordered. When the petitioner was able to file a private complaint before the Judicial Magistrate Court, Sirkali, now on the ground of certain threat, cannot seek transfer, even when the private complaint was not taken on file by the trial court. Hence, this petition is liable to be dismissed. Accordingly, this Criminal Original Petition is
dismissed at present. Consequently, the connected Criminal Miscellaneous Petition is closed.
Sd/-
Assistant Registrar(CS-V)
//True Copy//
Sub Assistant Registrar
rpp
To
The Judicial Magistrate, Sirkali.
+1cc to Mr.S.C.Herold Singh, Advocate, S.R.No.32954
CRL.O.P.No.11231 of 2022
PM(CO) RGA(15/06/2022)
2 issues framed by the court
Whether transfer of a criminal matter for threat can be ordered when the private complaint was filed before the receiving court.
Whether mere filing of a private complaint justifies transfer prior to cognizance.
1 provisions across 1 enactments
Fr. R.Swamynathan
ASA. Dass
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
