Madras High Court
N.Muthukaruppan vs The State Rep. By on 22 September, 2022
CRL.O.P (MD) No.16722 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.09.2022
CORAM
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
CRL.O.P (MD) No.16722 of 2022
and
Crl.M.P(MD)No.11178 of 2022
N.Muthukaruppan ... Petitioner/Accused
Vs.
1.The State rep. by
The Sub Inspector of Police,
Sambavar Vadakarai Police Station,
Kadayanallur Taluk,
Tenkasi District. ...1st Respondent/Complainant
2.D.Arumugam ...2nd Respondent/Defacto Complainant
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
praying to pass necessary order permitting the Petitioner to withdraw the
C.C.No.270 of 2010 on the file of the Judicial Magistrate, Shenkottai,
Tenkasi District and transfer the same to any other Judicial Magistrate Court
at Tirunelveli District.
For Petitioner : Mr.V.R.Venkatesan
For R1 : Mr.T.Senthilkumar
Additional Public Prosecutor
1/6
https://www.mhc.tn.gov.in/judis
CRL.O.P (MD) No.16722 of 2022
ORDER
This Criminal Original Petition has been filed to withdraw
C.C.No.270 of 2010 on the file of the learned District Munsif cum Judicial
Magistrate, Shenkottai, Tenkasi District and to transfer the same to any
other Judicial Magistrate Court at Tirunelveli District.
2.It is the contention of the learned Counsel for the Petitioner that
after closing of defence witnesses, the case was posted for arguments.
Subsequently, the Presiding Judge was on leave and there was adjournment
due to boycott, for which the accused or the Counsel for the accused is not
responsible. The learned District Munsif cum Judicial Magistrate,
Shengottai, posted the case for judgment without affording opportunity to
the Petitioner to advance arguments on behalf of the accused. As per
Section 314 of Court of of Criminal Procedure Code, the learned District
Munsif cum Judicial Magistrate, Shengottai has to hear the arguments.
Instead of giving opportunity to the petitioner to argue the case, the learned
Judge had posted the case for judgment. Though the learned Counsel
repeatedly requested the learned District Munsif cum Judicial Magistrate,
Shengottai, to consider the Petitioner's request for argument, he did not
concede to the same. The Petitioner is ready to conduct trial and also he
https://www.mhc.tn.gov.in/judis
CRL.O.P (MD) No.16722 of 2022
enclosed the copy of the written arguments in the typed set of papers. Since
the learned District Munsif Cum Judicial Magistrate, Shengottai did not
grant an opportunity to conduct argument, the petitioner has filed this
Criminal Original Petition seeking transfer of the case.
3.Section 314 of Court of Criminal Procedure Code provides
opportunity for filing memorandum of grounds and for oral arguments. The
petitioner had filed his written arguments. However, he was not granted
opportunity to putforth his oral arguments but the learned District Munsif
Cum Judicial Magistrate, Shengottai reserved the case for judgment. It is in
violation of the aforesaid provision. The petitioner has also enclosed the
diary index of the Court. It is seen therefrom that the petitioner had not
been afforded opportunity of arguments and the case was reserved for
judgment.
4.The learned Additional Public Prosecutor would submit that there is
no representation for the accused. On 12.09.2022, a memo was filed on
behalf of the accused stating that this Criminal Original Petition filed
seeking transfer of the case. Therefore, the learned District Munsif cum
https://www.mhc.tn.gov.in/judis
CRL.O.P (MD) No.16722 of 2022
Judicial Magistrate had adjourned the case to 23.09.2022 for furnishing the
copy of this Criminal Original Petition.
5.Considering the submission of the learned Counsel for the
Petitioner and the learned Additional Public Prosecutor, instead of
transferring the Petition, this Court while exercising its inherent powers
directs the learned District Munsif cum Judicial Magistrate, Shenkottai, to
afford an opportunity to the learned Counsel for the accused to putforth his
arguments and also the learned District Munsif cum Judicial Magistrate,
Shenkottai is directed to hear arguments and if the written arguments are
filed, consider the same and dispose of the case within a reasonable time of
15 days from the date of receipt of a copy of this order. This Criminal
Original Petition is disposed of accordingly. Consequently connected
Miscellaneous Petition is closed.
22.09.2022
Index:Yes/No
vsd
Note : Issue Order Copy on 23.09.2022
https://www.mhc.tn.gov.in/judis
CRL.O.P (MD) No.16722 of 2022
To
1.The District Munsif cum Judicial Magistrate,
Shenkottai,
Tenkasi District.
2.The Sub Inspector of Police,
Sambavar Vadakarai Police Station,
Kadayanallur Taluk,
Tenkasi District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
CRL.O.P (MD) No.16722 of 2022
SATHI KUMAR SUKUMARA KURUP, J.
vsd
CRL.O.P (MD) No.16722 of 2022
and
Crl.M.P(MD)No.11178 of 2022
22.09.2022
https://www.mhc.tn.gov.in/judis
