Chandrapushpam vs The Inspector Of Police
2023 Latest Caselaw 17562 Mad

Madras High Court

Chandrapushpam vs The Inspector Of Police on 22 December, 2023

Author: G.Ilangovan

Bench: G.Ilangovan

                                                                                   Crl.O.P.(MD)No.21062 of 2023



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                         DATED: 22.12.2023

                                                             CORAM:

                                    THE HONOURABLE MR.JUSTICE G.ILANGOVAN

                                                Crl.O.P.(MD)No.21062 of 2023
                                                            and
                                                Crl.M.P.(MD)No.16505 of 2023

                     Chandrapushpam                                            ...Petitioner

                                                                  Vs.
                     1.The Inspector of Police,
                       Tisyanvilai Police Station,
                       Tirunelveli District.

                     2.Gnanam @ Gnana Selvam
                     3.Mahesh
                     4.Devi                                                    ... Respondents

                     PRAYER: Criminal Original Petition is filed under Section 482 of
                     Cr.P.C, to transfer the case in C.C.No.430 of 2020 on the file of the
                     Judicial Magistrate, Radhapuram to nearby any other Court.


                                        For petitioner       : Mr.R.Balakrishnan
                                        For R1               : Mr.M.Vaikkam Karunanithi
                                                                Government Advocate (Crl.Side)
                                        For R2 to R4         : Mr.R.Ponkarthikeyan

                                                            ORDER

This petition has been filed seeking to transfer the case in C.C.No.

430 of 2020 on the file of the Judicial Magistrate Court, Radhapuram to

any other Court.

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

Crl.O.P.(MD)No.21062 of 2023

2.The contention of the petitioner is that the petitioner made a

complaint against the third and fourth respondents. On completion of the

investigation, charge sheet was filed. The accused are facing charges

under Sections 294(b), 323, 506(ii) IPC and Section 4 of the Tamil Nadu

Prohibition of Women Harassment Act altered @ 294(b), 342, 323, 325,

506(ii) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment

of Women Act. During the course of trial process, the petitioner noticed

some errors in the deposition. Despite the said mistakes are brought to

the knowledge of the Presiding Officer, those corrections were not

carried out. Later, the petitioner came to know that the third respondent

is a practicing Advocate and the Presiding Officer is supporting the third

respondent. Hence, the petitioner seeks for transfer of this petition.

3.The learned Government Advocate (Crl.Side) appearing for the

first respondent submits that the trial has been completed and the case is

posted for examination of the accused under Section 313 Cr.P.C.. At the

fag end of the trial process, the petitioner has filed this petition seeking

transfer of this case.

4.Heard the learned counsel appearing on either side. https://www.mhc.tn.gov.in/judis

Crl.O.P.(MD)No.21062 of 2023

5.Admittedly, the trial has been completed. For the purpose of

hearing the arguments and pronouncing the judgment, the case cannot be

transferred to some other Court. If some corrections are to be done in the

deposition, the petitioner is always at liberty to approach the trial Court

itself for making proper correction in the deposition. But, without

approaching the trial Court, the petitioner has filed the present petition

making allegations against the Presiding Officer without any reasonable

ground.

6.I find absolutely no reason to interfere with the trial at the fag

end of the trial process. Accordingly, this Criminal Original Petition is

dismissed. Consequently, connected miscellaneous petition is closed.

22.12.2023 Index : Yes/No Internet : Yes/No ta

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

Crl.O.P.(MD)No.21062 of 2023

G.ILANGOVAN. J.

ta

To

1.The Inspector of Police, Tisyanvilai Police Station, Tirunelveli District.

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

Crl.O.P.(MD)No.21062 of 2023

22.12.2023

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