Dismissed¶34

B.Mohamed Kalifullah v. P.S.Sharfudeen

Madras HC3 Feb 2025CRL OP(MD)/2168/2025

Case brief

AI extract

What is this about?

Transfer of criminal case; Section 447 BNSS 2023 transfer petition; Section 279 BNSS dispensation of personal appearance; C.C.No.452 of 2017; Judicial Magistrate No.II, Dindigul; docket entry dated 20.01.2025 'complainant absent for long time'; no grounds for transfer; dismissed at admission stage without notice; trial to be completed within four months; petitioner to cooperate for speedy disposal; Madurai Bench of Madras High Court; P.Dhanabal, J.; decided 03.02.2025.

What did the court decide?

No transfer granted. The learned Magistrate, Judicial Magistrate No.II, Dindigul, is directed to complete the trial in C.C.No.452 of 2017 within four months from receipt of a copy of the order, and the petitioner is directed to cooperate for speedy disposal of the case without causing any delay on his part. Connected Crl.M.P(MD)No.1496 of 2025 closed.

B.Mohamed Kalifullah Vs P.S.Sharfudeen — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the trial in C.C.No.452 of 2017 before the Judicial Magistrate No.II, Dindigul should be transferred to another nearby district on the petitioner's allegations that the court's proceedings were recorded with false information and his counsel was physically deterred from filing necessary petitions.

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Court's answer

On perusal of the records there are no grounds to entertain the petition to transfer the case, and it can be disposed of at the admission stage itself without issuing notice to the respondents.

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Ratio / Principle

Since there is no valid ground to transfer the case, the petition is liable to be dismissed; however, considering the pendency of the case from 2017, the learned Magistrate is directed to complete the trial proceedings within four months from receipt of a copy of the order, and the petitioner is directed to cooperate for speedy disposal without causing any delay on his part.

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Detailed headnote1 paragraphs

Criminal Original Petition under Section 447 of the B.N.S.S Act, 2023 by the complainant in C.C.No.452 of 2017 seeking transfer of the trial from the file of the Judicial Magistrate No.II, Dindigul to a nearby district, on the grounds that the trial court's docket entries dated 20.01.2025 recorded the complainant absent despite his pending Section 279 BNSS application for dispensation of personal appearance, and that his counsel was deterred from filing petitions - HELD: On perusal of the records there were no grounds to entertain the transfer petition; disposed of at the admission stage without notice to the respondents and dismissed. Considering the pendency of the case from 2017, the learned Magistrate was directed to complete the trial within four months from receipt of a copy of the order, and the petitioner was directed to cooperate for speedy disposal without causing delay. Connected Crl.M.P(MD)No.1496 of 2025 closed.

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Crl.O.P(MD)No.2168 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 03.02.2025

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CORAM

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THE HONOURABLE MR.JUSTICE P.DHANABAL

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Crl.O.P(MD)No.2168 of 2025 and Crl.M.P(MD)No.1496 of 2025

B.Mohamed Kalifullah

... Petitioner

Vs.

1.P.S.Sharfudeen

2.S.Ariven Nisha

3.Sahida Alias A.Sahitha Begam

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4.Subi Alias S.Sueriya Begam

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5.Saibunisha

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6.N.S.Elango ... Respondents

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Prayer : Criminal Original Petition filed under Section 447 of B.N.S.S Act, 2023 to transfer the case in C.C.No.452 of 2017 on the file of the Hon'ble Judicial Magistrate No.II, Dindigul to any other nearby Districts and pass such further or other orders as this Court.

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

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Crl.O.P(MD)No.2168 of 2025

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For Petitioner : Mr.M.Sheik Abdullah For Respondents : No appearance

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ORDER

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This Criminal Original Petition is filed by the petitioner to transfer the case in C.C.No.452 of 2017 on the file of the Hon'ble Judicial Magistrate No.II, Dindigul to any other nearby Districts.

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2. When the matter is taken up for hearing, the learned Counsel appearing for the petitioner would submit that the petitioner is facing trial in C.C.No.452 of 2017 and already filed petition to dispense with personal appearance. While so, the proceedings of the Court are purportedly recorded with false information to change the track of the case adverse to the petitioner. The petitioner being a complainant in the case and is practicing law in various Courts has already filed petition under Section 279 of B.N.S.S Act, 2023 for dispense with personal appearance and represents through the Counsel. While so, in the business of the Court for 20.01.2025 recorded that the "complainant absent for long time", "No representation, and "appearance of the complainant,

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

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Crl.O.P(MD)No.2168 of 2025

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otherwise case will be dismissed". Moreover, the Counsel appearing for the petitioner is physically deterred from filing necessary petitions on behalf of the complainant. Therefore, filed this petition to transfer the case.

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3. Considering the nature of the prayer in the petition, this Court perused the records and there are no grounds to entertain the petition to transfer the case. Hence without issuing notice to the respondents, this Court can dispose of the petition in the admission stage itself.

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4. Since there is no any valid ground to transfer the case, this Court is declined to pass order to transfer the case and the present petition is liable to be dismissed, however, considering long pendency of the case (i.e.,) pending from 2017, it is appropriate to direct the learned Magistrate to complete the trial proceedings within a period of four (4) months from the date of receipt of copy of this order and the petitioner is also directed to cooperate for speedy disposal of the case without causing any delay on his part.

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

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3/5

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Crl.O.P(MD)No.2168 of 2025

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5. With the above said observation, this Criminal Original Petition stands

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dismissed. Consequently, connected Miscellaneous Petition stands closed.

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03.02.2025