The High Court dismissed a Criminal Original Petition for transferring a criminal trial from a Judicial Magistrate in Ponneri to Chennai. The court held that short interval postings do not constitute haste or a vested interest and that the absence of a Supreme Court stay permitted the trial to continue.
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.No.5920 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.06.2023
CORAM
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN
Crl.O.P.No.5920 of 2023
and
Crl.M.P.No.3691 of 2023
Murali
... Petitioner
vs
3.G.Magendran
... Respondents
Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C, to call for the records in C.C.No.55 of 2022 on the file of the Judicial Magistrate-I at Ponneri, Tiruvallur transfer the same to any other competent Court within jurisdiction of Chennai District.
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Crl.O.P.No.5920 of 2023
ORDER
This Criminal Original Petition has been filed to call for the records
in C.C.No.55 of 2022 on the file of the Judicial Magistrate-I at Ponneri, Tiruvallur and transfer the same to any other competent Court within jurisdiction of Chennai District.
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Crl.O.P.No.5920 of 2023
appearing for the 1st respondent submitted that, case is now pending for LW1 and LW2.
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Crl.O.P.No.5920 of 2023
interest in this case. Merely because the case was adjourned with short interval, it cannot be said that the learned Magistrate has vested interest in the case and acting with haste. Criminal trial is expected to be conducted on day to day basis. Therefore, posting the case at short interval cannot be found fault with. Petitioner has not made any valid and legal ground, for transferring the case from learned Judicial Magistrate-I at Ponneri, Tiruvallur to any other competent Court within jurisdiction of Chennai District. It is informed by the learned counsel for the 3rd respondent that, there is no stay granted by the Hon'ble Supreme Court of India in SLP.(Crl).No.4469 of 2019. When there is no stay, there is no prohibition for proceeding further with the case.
26.06.2023
Index: Yes/No Internet: Yes/No Speaking/Non speaking order
gd
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Crl.O.P.No.5920 of 2023
To
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Crl.O.P.No.5920 of 2023
G.CHANDRASEKHARAN, J.
gd
Crl.O.P.No.5920 of 2023
26.06.2023
Page 6 of 6
2 issues framed by the court
Whether a criminal trial can be transferred to a competent court within Chennai jurisdiction merely due to the case being posted at short intervals.
Whether the allegation of a vested interest in the case by the presiding Magistrate is legally sound based on the evidence.
Murali
The State represented by The Inspector of Police, District Crime Branch, Thiruvallur District
R.K.Chandrasekar
G.Magendran
G. Chandrasekharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
