Madras High Court
Raju @ Subba Reddiyar vs The State Represented By on 21 May, 2021
Crl.O.P.(MD)No.15102 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE ON WHICH RESERVED 30.04.2021
DATE ON WHICH PRONOUNCED :21.05.2021
CORAM:
THE HON'BLE MR JUSTICE G.ILANGOVAN
Crl.O.P.(MD)No.15102 of 2020
and
Crl MP(MD)No.7242 of 2020
Raju @ Subba Reddiyar ... Petitioner
Vs.
1.The State represented by
The Inspector of Police,
Lalapet Police Station,
Lalpet, Karur District.
(Crime No.157 of 2016) ... Respondent/Complainant
2.Anbalagan
3.Vasudevan
4.Pappathi
5.Chitradevi ... Respondents 2 to 5
Prayer:Criminal Original Petition is filed under Section 482 Cr.P.C., to
withdraw and transfer SC.No.83 of 2016 on the file of the learned Assistant
Sessions Judge, Kulithalai along with C.C.No.82 of 2016 to any other
Assistant Sessions Judge, of any District other than Karur District.
1/6
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.15102 of 2020
For Petitioner : Mr.T.M.Madasamy
For R1 : Mr.K.Suyambulinga Bharathi
Government Advocate (Crl.Side)
For R2 to R5 : Mr.M.saravanan
ORDER
This Criminal Original Petition has been filed to withdraw and
transfer SC.No.83 of 2016 pending on the file of the learned Assistant
Sessions Judge, Kulithalai along with C.C.No.82 of 2016 to any other
Assistant Sessions Judge, of any District other than Karur District.
2. The case of the petitioner is that the petitioner is the defacto
complainant in S.C.82 of 2016, on the file of the Assistant Sessions Judge,
Kulithalai. On 29.05.2016, at about 11.45 a.m, based upon the complaint
given by this petitioner, a case in Crime No.158 of 2016 against the
respondents 2 to 5 was registered for the offence under Sections 294(b),
323, 326 and 506 (ii) of IPC. On the basis of the counter complaint given by
the second respondent, a case has been registered against the petitioner and
his wife, in Crime No.157 of 2016 on 30.05.2016 under Sections 294 (b)
and 307 IPC. Now, both the cases are tried by the learned Assistant Sessions
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.15102 of 2020
Judge, Kulithalai, based upon the order passed by this Court in
Crl.OP(MD)No.16990 of 2019, dated 20.01.2020. But, however, this Court
directed, that the case in SC.No.83 of 2016, must be conducted by the
different prosecutor, there should not be any common evidence and
common judgment. Further directed the learned Judge, to complete the trial
within a period of four months. But, due to the Covid-19 pandemic,
evidence is recorded only in S.C.No.83 of 2016 by compelling the
petitioner, who is aged about 81 years to attend before the Court regularly
and the request made by the petitioner to commence trial in C.C.No.82 of
2016 was ignored. So, on 24.11.2020, the petitioner filed an affidavit before
the Assistant Sessions Judge, Kulithalai, and expressed his lack of
confidence on the learned Judge. So, he filed a petition for transferring
S.C.No.83 of 2016 and C.C.No.82 of 2016 to some other Court.
3. Heard the learned counsel for the petitioner, the learned
Government Advocate (Crl.Side) for the first respondent and the learned
counsel for the accused namely, the respondents 2 to 5.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.15102 of 2020
4. It is a case in counter. Upon the very same occurrence, a complaint
has been registered against this petitioner in Crime No.157 of 2016 for the
offences under Sections 294 (b) and 307 IPC and the petitioner has also
been arrayed as an accused. On the basis of the complaint given by the
petitioner, a case in Crime No.158 of 2016 was registered for the offences
under Sections 294(b), 323, 326 and 506 (ii) of IPC against the respondents
2 to 5.
5. Perusal of records shows that by order of this Court, dated
20.01.2020, directions were given to the the learned Assistant Sessions
Judge, Kulithalai, to try both the cases and conclude the trial proceedings
within a period of four months. Thereafter, the learned Judge, sent a letter to
the Registry of this Court, for seeking extension of time to conclude the trial
proceedings, which was heard along with the petition.
6. Now, the grievance of the petitioner is that without conducting
proper trial in C.C.No.82 of 2016, the learned Judge is compelling the
petitioner to attend in S.C.83 of 2016 and the petitioner was not treated
properly by the concerned Judge. This is the specific allegation made by the
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.15102 of 2020
petitioner against Presiding Officer. The petitioner had filed an affidavit on
24.11.2020, stating that he was arrested by the Police Officers, even though
he was having ill health, they compelled to him to give evidence, in such
circumstance, the case must be transferred to some other Court.
7. It is seen that a warrant has been issued against the petitioner since
he failed to appear before the Court for giving evidence. Only on that
ground, warrant has been issued. Even though, the petitioner is aged about
80 years old, he is duty bound to appear before the Court and give evidence,
particularly, when there is a direction of this Court to conclude the trial
proceedings within a time frame. Non co-operation on any ground cannot be
accepted and that cannot be a ground to transfer the case.
8. Moreover, from the enquiry made with the concerned District
Court, it is seen that the concerned Presiding Officer was transferred and a
new one has taken charge. This is the subsequent development of the case.
So, there is no necessity to transfer the case and the request made by the
petitioner cannot be accepted.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.15102 of 2020
G.ILANGOVAN,J.,
dss
9. In the result, this Criminal Original Petition is dismissed.
Consequently, the connected miscellaneous petition is closed.
....5.2021
Internet:Yes
Index:Yes/No
Speaking order/Non-Speaking order
dss
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 Assistant Sessions Judge,
Kulithalai.
2.The Inspector of Police,
Lalapet Police Station,
Lalpet, Karur District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Crl.O.P.(MD)No.15102 of 2020
and
Crl MP(MD)No.7242 of 2020
https://www.mhc.tn.gov.in/judis/
