Extracted from the PDF above. The PDF is authoritative.
Crl.O.P.No.8965 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 26.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8965 of 2025 1.David 2.Kumar 3.Ramesh
... Petitioners Vs 1.State Represented by The Inspector of Police, Thiruvanmiyur Police Station, Chennai. 2.T.Seenivasan ... Respondents Prayer : Criminal Original Petition has been filed under Section 447 of BNSS Act, 2023, pleased to withdraw and transfer the Sessions case in SC No.319 of 2022 on the file of XVI Additional Sessions Judge, Singaravelar Maligai at Chennai to any other Court of Sessions and in any other District. For Petitioners : Mr.Charles Muthushanthan For R1
: Mr.A.Gopinath, Government Advocate (Crl. Side)
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.8965 of 2025
ORDER This Criminal Original Petition has been filed to withdraw and transfer the Sessions case in SC No.319 of 2022 on the file of XVI Additional Sessions Judge, Singaravelar Maligai at Chennai to any other Court of Sessions.
2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the first respondent and perused the materials available on record.
3. The learned counsel for the petitioner would submit that the petitioners are arrayed as A1 to A3 and they are facing charges under Sections 341, 307 read with Section 34 of IPC. He submitted that the trial Judge touted the witness and as such, they will not get a fair trial before the same Presiding Officer.
4. The trial is pending from the year 2022. The petitioners failed to https://www.mhc.tn.gov.in/judis
Crl.O.P.No.8965 of 2025 appear before the Trial Court and as such, Non Bailable Warrant was issued against them. The warrant has been recalled and only now, the petitioners appeared before the Trial Court. So far, the prosecution had examined only PW1 in chief.
5. Therefore, the grounds raised by the petitioner cannot be considered and this Court is not inclined to transfer the Sessions case in SC No.319 of 2022 on the file of XVI Additional Sessions Judge, Singaravelar Maligai at Chennai to any other Court. However, the XVI Additional Sessions Judge, Singaravelar Maligai at Chennai is directed to complete the Trial in SC No.319 of 2022, within a period of six months from the date of receipt of a copy of this order.
6. Accordingly, this Criminal Original Petition is dismissed. 26.03.2025 Index:Yes/No Speaking Order: Yes/No mn G.K.ILANTHIRAIYAN,J. https://www.mhc.tn.gov.in/judis
Crl.O.P.No.8965 of 2025 mn To 1.The XVI Additional Sessions Judge, Singaravelar Maligai at Chennai. 2.The Inspector of Police, Thiruvanmiyur Police Station, Chennai. 3.The Public Prosecutor, High Court, Madras. Crl.O.P.No.8965 of 2025 26.03.2025 https://www.mhc.tn.gov.in/judis