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2022 DIGILAW 3392 (MAD)

V. Kavitha v. State rep. , by the Sub-Inspector of Police

2022-09-19

P.VELMURUGAN

body2022
JUDGMENT (Prayer: Criminal Revision filed under Section 397 read with 401 of Criminal Procedure Code, praying to set aside the order passed on 22.07.2022 in Tr.CMP.No.93 of 2022 on the file of Chief Judicial Magistrate Court, Tiruvallur and consequently transfer the case pertaining to C.C.No.68 of 2019 on the file of the Judicial Magistrate Court No.I, Poonamallee to any other Judicial Magistrate Court in Tiruvallur District.) 1. The present Criminal Revision Petition has been filed to quash the order dated 22.07.2022 passed by the learned Chief Judicial Magistrate, Tiruvallur in Tr.CMP.No.93 of 2022 and consequently, transfer the case pertaining to C.C.No.68 of 2019 on the file of the learned Judicial Magistrate Court No.I, Poonamallee to any other Judicial Magistrate Court, Tiruvallur District. 2. The petitioners are the accused in C.C.No.68 of 2019. Pending trial, the petitioners have filed a Transfer O.P., before the learned Chief Judicial Magistrate, Tiruvallur and the same was dismissed. Challenging the same, the petitioners are before this Court. 3. The learned counsel appearing for the petitioners submitted that the petitioners have leveled various allegations against the Presiding Officer and non-conducive atmosphere prevailing in the said Court and apprehend that the petitioners would not get justice from the said Court if the case is allowed to be tried and disposed in the said Court. Therefore, the learned counsel submitted that the petitioners are ready to abide the conditions to be imposed by this Court and to conduct the case in any other Court in Tiruvallur District except before learned Judicial Magistrate Court No.I, Poonamallee. 4. The learned counsel for the defacto complainant would submit that without any basis the petitioners have leveled various allegations against the learned Judicial Magistrate. He would further submit that the petitioners have not been cooperating for early disposal of the case one way or other way and as they were protracting the proceedings, the learned Judicial Magistrate had insisted the petitioners to be present before the Court and to proceed with the case and therefore, in order to protract the proceedings, the petitioners have leveled allegations against the officer without any basis. If the petition is allowed and the case is transferred to any other Court, it would become a bad precedent and any accused can pick and choose the forum and therefore, the petition is liable to be dismissed. 5. If the petition is allowed and the case is transferred to any other Court, it would become a bad precedent and any accused can pick and choose the forum and therefore, the petition is liable to be dismissed. 5. The learned Additional Public Prosecutor would submit that the case in C.C.No.68 of 2019 is pending from the year 2019 and one accused or the other are absenting themselves one day or the other from appearing before the Court during the trial and therefore, the trial could not be proceeded. Therefore, the Court may give any direction for early disposal of the case. 6. Heard the learned counsel appearing for the parties and perused the materials placed on record. 7. Though the petitioner filed a petition to transfer the case in C.C.No.68 of 2019 on the file of learned Judicial Magistrate No.I, Court, Poonamallee, to some other Court in the Trivallur District, on perusal of the records, it is seen that the matter is pending from the year 2019 and most part of the time was consumed by the Covid-19 pandemic and on the reading of the adjudication order, passed by the Judicial Magistrate shows that even without the presence of the accused, witnesses were examined and therefore, considering the facts and circumstances of the case, without admitting all the allegations leveled against the Judicial Officer, in order to give fair chance to both the petitioner as well as the defacto complainant, the case in C.C.No.68 of 2019 on the file of learned Judicial Magistrate No.I, Poonamallee is withdrawn and transferred to the learned Judicial Magistrate, Madhavaram. The learned Judicial Magistrate No.I, Poonamallee is directed to send all the records pertaining to C.C.No.68 of 2019, to the file of learned Judicial Magistrate, Madhavaram forthwith on or before 26.09.2022 and the learned Judicial Magistrate is directed to verify all the records and proceed with the trial on and from 10th October 2022 and both the parties are directed to appear before the Judicial Magistrate, Madhavaram on 10th October 2022. Further, the learned Judicial Magistrate, Madhavaram is directed to conduct the trial on day today basis and dispose the matter on merits on or before 11th November, 2022 and file a compliance report on 15th November 2022. Both the parties are directed to appear before the learned Judicial Magistrate, Madhavaram throughout the trial daily till the 313 proceedings. Further, the learned Judicial Magistrate, Madhavaram is directed to conduct the trial on day today basis and dispose the matter on merits on or before 11th November, 2022 and file a compliance report on 15th November 2022. Both the parties are directed to appear before the learned Judicial Magistrate, Madhavaram throughout the trial daily till the 313 proceedings. In case the petitioners appear before the learned Judicial Magistrate, Madhavaram, and file a petition for recall of warrant, the learned Judicial Magistrate is directed to consider the same in accordance with law on the same day and proceed with the trial. Accordingly, the Criminal Revision Petition is allowed on the above directions. Consequently, connected Miscellaneous Petition is closed.