Crl.O.P.No.16522 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.09.2024 CORAM THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.16522 of 2024 & Crl.M.P.No.10013 of 2024 S.Siva Kumar. ... Petitioner/Accused/2nd Respondent Vs. 1. State: Represented by, The Inspector of Police, T-12, Poonamallee Police Station, Chennai – 600 087. ... 1st Respondent/Complainant 2. Mrs.G.A.Girija. ... 2nd Respondent/Defacto Complainant/ Petitioner Prayer: Criminal Original Petition is filed under Section 528 of BNSS., to set aside the order dated 28.06.2024 passed by the Learned District & Sessions Judge, Tiruvallur, in Tr.C.M.P.No.820 of 2024. For Petitioner : Mr.B.Harikrishnan For R1 : Mr.K.M.D.Muhilan, Government Advocate (Crl.Side) For R2 : Mr.P.Sidhanthan, for Mrs.Louisal Ramesh 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16522 of 2024 O R D E R This Criminal Original Petition is filed challenging the order of the Principal District and Sessions Judge, Thiruvallur allowing the application to transfer the C.C.No.50 of 2013 on the file of Judicial Magistrate-II, Ponnamallee to Judicial Magistrate, Ambattur. 2. The respondent herein has preferred transfer petition on two grounds:- (i). Primarily, she had apprehending that she will not get a fair trial from the concern Presiding Officer since her application filed under Section 302 of Cr.P.C., was kept pending for a long time and dismissed after inordinate delay. (ii). Secondly, the petitioner who was prime witness in the case was not examined and other witnesses for the prosecution were marshalled in a shabby way, who all turned hostile. 3. The Learned District Judge, after considering the plea raised in the transfer petition and after obtaining report from the concern Judicial Officer 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16522 of 2024 has allowed the transfer application in C.C.No.50 of 2013 on the file of Judicial Magistrate-II, Ponnamallee is transferred to Judicial Magistrate, Ambattur. 4. The Learned Counsel for the petitioner submits that the above order of the District Judge transferring the case from Judicial Magistrate No.II, Ponnamallee to Judicial Magistrate, Ambattur is against law and warrants interference of this Court. 5. The calendar case No.50 of 2013 which was pending for more than 10 years was taken up for trial and four witnesses on the side of the prosecution was examined. The summons issued to the complainant though received, she did not turn up for giving evidence. Taking advantage of her own fault, transfer petition been filed stating that she was not examined deliberately by the Presiding Officer. In respect of delay in disposal of the application filed under Section 302 of Cr.P.C., any adverse order passed by the Judicial Officer cannot be ground for transfer. If at all, the respondent aggrieved by the dismissal of her application under Section 302 of Cr.P.C., she would have preferred appeal before the higher forum. Furthermore, Section 302 of Cr.P.C., will not apply for a case under Sections 294-B & 506 (i) of I.P.C. 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16522 of 2024 6. Further, the Learned Counsel for the petitioner submits that now the Presiding Officer, who recorded the evidence so far been transferred and new Presiding Officer is holding the post of Judicial Magistrate No.II, Poonamallee. All the reasons stated for the transfer is no more in existence and therefore, dehors of the demerits of the order passed by the District Court, the reason for transfer as stated in the transfer petition does not survives and for that reason also the order of transfer to be set aside. 7. The Learned Counsel appearing for the 1st respondent submits that there is yet another case between the parties in Judicial Magistrate No.I, Poonamallee and if this case is also transferred to Judicial Magistrate Court, it may be appropriate and convenient for the parties to conduct the case before the same Judge. 8. The Learned Counsel for the petitioner in response to the above submission submits that the case pending in Judicial Magistrate No.I, Poonamallee is at the nascent stage and trial yet to be commenced. Whereas, in the present case, substantially the prosecution witnesses were mostly examined and if the respondent/defacto complainant desire to be examined and any application is filed, the petitioner herein will not object to it. 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16522 of 2024 9. On considering the submissions cumulatively, this Court set aside the order passed by the Principal Sessions Judge, Thiruvallur on 28.06.2024. The Calender Case No.50 of 2013 pending on the file of Judicial Magistrate No.II, Poonamallee shall continue in the same Court with a direction that the Learned Judicial Magistrate shall give priority to the said case and complete the trial preferably within a period of four months. Meanwhile, if the respondent inclined to mount the witness box and make necessary application through the Public Prosecutor, same may be entertained and opportunity be given for the petitioner herein to cross her. 10. With this direction, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. 13.09.2024 Index : Yes/No Neutral Citation : Yes/No bsm To:- 1. The Learned District & Sessions Judge, Tiruvallur. 2. The Inspector of Police, T-12, Poonamallee Police Station, Chennai. 3. The Public Prosecutor, High Court, Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16522 of 2024 Dr.G.JAYACHANDRAN,J. bsm Crl.O.P.No.16522 of 2024 13.09.2024 6/6 https://www.mhc.tn.gov.in/judis