Dismissed

V.S Pandi v. P.Chellapandiyan

Madras HC3 Mar 2023CRL OP(MD)/22748/2022

Case brief

AI extract

What is this about?

The petitioner sought transfer of a pending criminal trial. The High Court rejected the transfer request due to bar association reports and a filed vakalat. However, it directed the Magistrate to complete the trial within three months, dismissing the transfer plea.

What did the court decide?

Request for transfer of case to another court dismissed; trial to be completed within three months.

V.S Pandi Vs P.Chellapandiyan — Civil Procedure and Limitation | Madras HC (2023)

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Crl.O.P.(MD)No.22748 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 03.03.2023

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CORAM

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THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

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Crl.O.P.(MD)No.22748 of 2022 and Crl.M.P.(MD)No.16103 of 2022

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V.S.Pandi ... Petitioner

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Vs.

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P.Chellapandiyan ... Respondent

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PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to issue direction to withdraw and transfer the case in C.C.No.27 of 2020 on the file of the Judicial Magistrate, Nilakottai to any other Court in nearby District for further trial proceedings forthwith.

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For Petitioner : Mr.T.Joshua,

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ORDER

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This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders, to issue direction to withdraw and transfer

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.22748 of 2022

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the case in C.C.No.27 of 2020 on the file of the Judicial Magistrate, Nilakottai to any other Court in nearby District for further trial proceedings forthwith.

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In pursuance of the directions of this Court, the learned Judicial

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Magistrate, Nilakottai, has submitted a report and that the Bar Association has also submitted a report, wherein, it has been stated that the Bar Association has not passed any resolution, nor issued any directions to the members prohibiting them to appear on behalf of the petitioner in C.C.No.27 of 2020.

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It is evident from the 'B' Diary that one Advocate

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Mr.Kannappan, has already filed vakalat on 15.07.2022.

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Considering the above facts and circumstances and also the report of the Bar Association, Nilakottai, the request for transfer of the case cannot be entertained. But at the same time, considering the fact that the case is pending from 2020 onwards, the learned Magistrate is directed to complete the trial and dispose of the case in C.C.No.27 of 2020, as expeditiously as possible preferably within a period of three

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.22748 of 2022

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months from the date of receipt of copy of this order. Both the complainant and the accused are hereby directed to extend their fullest co-operation for disposing the case within the time stipulated by this Court.

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With the above directions, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed.

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03.03.2023

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NCC : Yes/No Index : Yes / No Internet : Yes / No das To The Judicial Magistrate, Nilakottai.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.22748 of 2022

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K.MURALI SHANKAR,J.

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das

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Order made in Crl.O.P.(MD)No.22748 of 2022 and Crl.M.P.(MD)No.16103 of 2022

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Dated: 03.03.2023

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https://www.mhc.tn.gov.in/judis

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V.S Pandi v. P.Chellapandiyan

Case brief

What is this about?

What did the court decide?

V.S Pandi v. P.Chellapandiyan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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