C.Rajivkanth vs The Inspector Of Police
2021 Latest Caselaw 23721 Mad

                                                                 Crl.O.P.(MD)No.19007 of 2021

                      BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 02.12.2021

                                                      CORAM:

                         THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                           Crl.O.P(MD)No.19007 of 2021
                                                       and
                                           Crl.M.P.(MD)No.10551 of 2021


                     C.Rajivkanth                                       ... Petitioner


                                                         Vs

                     1.The Inspector of Police,
                       All Women Police Station,
                       Madurai South,
                      Madurai City.              ... 1st respondent / Complainant

                     2.Haripriya            ... 2nd respondent / Defacto Complainant

                     PRAYER: Petition filed under Section 482 Code of Criminal
                     Procedure, to withdraw the case in C.C.No.300 of 2021 on the file of
                     the learned Additional Mahila Court, Madurai and transfer the same
                     to the Additional Mahila Court, Trichy.


                                  For Petitioner       : Mr.V.Pandian
                                  For R1               : Mr.T.Senthil Kumar
                                                        Government Advocate (Crl.)
                                  For R2               : Mr.K.Balasundaram



                    1/4
https://www.mhc.tn.gov.in/judis
                                                                Crl.O.P.(MD)No.19007 of 2021

                                                       ORDER

This Criminal Original Petition has been filed seeking

transfer of the case from the file of the Additional Mahila Court,

Madurai to the Additional Mahila Court, Trichy.

2. The petitioner alleges life threat at the hands of the

second respondent. According to him, on the last occasion, the

second respondent tried to abduct him. However, this allegations is

denied by the learned counsel appearing for the second respondent.

3. Taking note of the apprehensions expressed by the

petitioner, his personal appearance before the court below is

dispensed with. It is informed that questioning is already over. The

learned trial Magistrate shall insist on the personal appearance of the

petitioner only when it is absolutely necessary and imperative. The

petitioner shall be called upon to appear in person before the trial

Court at the time of examination under Section 313 of Cr.P.C., and

at the time of pronouncement of Judgment. On all other occasions,

the petitioner can be represented through his counsel. If the

petitioner's counsel fails to appear, the benefit of this order will be

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.19007 of 2021

automatically vacated. If the petitioner has any specific complaint,

he is permitted to lodge the same before the first respondent and the

first respondent shall take appropriate action in accordance with law

thereon.

4. With this direction, this Criminal Original Petition is

disposed of. Consequently, connected miscellaneous petition is

closed.

02.12.2021

Index:Yes/No Internet:Yes/No rmi

Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1.The Inspector of Police, All Women Police Station, Madurai South, Madurai City.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.19007 of 2021

G.R.SWAMINATHAN.J.,

rmi

Crl.O.P(MD)No.19007 of 2021

02.12.2021

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