The Court dismissed a petition for denovo investigation of a cheating case but ordered the transfer of the trial from Judicial Magistrate No.I, Salem to Judicial Magistrate No.IV, Salem to allay apprehensions of bias in the officer handling CBCID cases.
Order transfer of trial from Judicial Magistrate No.I, Salem to Judicial Magistrate No.IV, Salem.
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Crl.O.P. Nos.15542 & 6104 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 28.11.2023
CORAM :
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN
Crl.O.P Nos.15542 & 6104 of 2023 and Crl.M.P. Nos.3825 & 9655 of 2023
Dr.S.Senthilkumar
.. Petitioner in both Crl.O.Ps
Vs.
1.N.Sekar
PRAYER in Crl.O.P. No.15542 of 2023 : Criminal Original Petition has been filed under Section 482 of Cr.P.C, to call for the records with regard to the final report filed in C.C. No.540 of 2022 on the file of the Judicial Magistrate No.I, Salem and set aside the same and consequently transfer the investigation in Crime No.1 of 2015 from the respondent Police to any other Investigation Officer for further investigation and to file final report afresh.
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PRAYER in Crl.O.P. No.6104 of 2023 : Criminal Original Petition has been filed under Section 407 of Cr.P.C, to order transfer of the case in C.C. No.540 of 2022 on the file of the Judicial Magistrate No.1 at Salem to any other Judicial Magistrate Court for fair and impartial trial.
For Petitioner : R.Sankarasubbu
For Respondents 1 & 2 : K.M.Arun for S.Senthil For Respondent No.5 : Leonard Arul Joseph Selvam, Government Advocate (Criminal side) COMMON ORDER
These two petitions are filed by the defacto complainant in Crime No.39 of 2012, which is now pending trial in C.C. No.540 of 2022 on the file of the learned Judicial Magistrate No.I, Salem.
Crl.O.P. No.6104 of 2023 to transfer the case from the file of the learned Judicial Magistrate No.I, Salem to any other learned Judicial Magistrate for fair and impartial trial. This Court, when the matter was taken up for hearing directed the petitioner to file an affidavit if he really stick on to the allegations made against the Judicial Magistrate. This order was passed on 17.03.2023, till today no such affidavit is filed.
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3.The same petitioner has also filed another Crl.O.P. No.15542 of 2022 for transfer of investigation from the respondent police to any other investigation and file final report afresh. Before adverting to the merits of this two petitions, it is necessary to capitalize the background of this case are runs as under:-
''In pursuant to the complaint given by the defacto complainant, a criminal case has been registered in Namakkal DCB Crime No.39 of 2012 for offences under Sections 120(B), 467, 471, 420 and 511 IPC and then the case has been transferred to Namakkal CBCID. The same has been taken on file in Crime No.1 of 2015 for the offences under Sections 120B, 467, 471, 420 and 511 IPC. After investigation, final report has been filed before the Chief Judicial Magistrate Court, Namakkal, which was taken on file in C.C No.16 of 2016 for the offences under Sections 120B, 467, 471, 420 and 511 of IPC. Thereafter the case has been transferred to the Judicial Magistrate No.1, Salem and taken on file in C.C. No.540 of 2022, where the case is pending.”
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Judicial Magistrate in Crl.M.P. No.5245 of 2022 vide order dated 10.02.2023. Against which, the defacto complainant has preferred a Revision before the High Court in Crl.R.C. No.424 of 2023 and the same came to be dismissed on 26.04.2023.
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Crl.O.P. Nos.15542 & 6104 of 2023
of 2023 is dismissed and Criminal Original Petition No.6104 of 2023 is disposed of with above direction. Consequently, Connected Miscellaneous Petitions are closed.
28.11.2023
Internet : Yes/No Index: Yes/No rkp
To
5.The Public Prosecutor, Madras High Court, Madras.
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Crl.O.P. Nos.15542 & 6104 of 2023
Dr.G.JAYACHANDRAN, J.
rkp
Crl.O.P Nos.15542 & 6104 of 2023 and Crl.M.P. Nos.3825 & 9655 of 2023
28.11.2023
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2 issues framed by the court
Whether the averments of bias against the Judicial Magistrate warrant a transfer of the trial to ensure a fair and impartial trial.
Whether the allegations regarding the trial conduct justify a denovo investigation.
Dr.S.Senthilkumar
N.Sekar
N.Krishnan
K.S.Subramniam
P.Venugopal
State represented by the Deputy Superintendent of Police Organized Crime Unit, Crime Branch CID, Salem City
Dr.G.JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
