2026:MHC:2542 CRL OP No. 16869 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL OP No. 16869 of 2026 R.Vetrivel, S/o. Ramachandran, No.11/271, Easan Nagar, Panamarathupathupatty Branch Road, Gajel Naickenpatty, Salem Taluk, Salem District-636008. ..Petitioner(s) Vs R.Mohana Sundaram S/o. Rangasamy, No.8/143, Punjaikadu, Poolavari Post, Salem South Taluk, Salem 636010. ..Respondent(s) Prayer: Criminal Original Petition is filed under Section 528 of BNSS seeking to set aside the order passed by the learned Principal Sessions Judge, Salem in Tr.C.M.P. No.431 of 2026 dated 10-6-2026, and to withdraw the case pending before the Judicial Magistrate Court No.4, Salem in STC No.8241 of 2026 and transfer the same to any other Judicial Magistrate in Salem. For Petitioner(s): Dr.A.Thiyagarajan for Mr. K.M.Jayapal __________ Page1 of 4 https://www.mhc.tn.gov.in/judis 2026:MHC:2542 CRL OP No. 16869 of 2026 ORDER This Criminal Original Petition has been filed to set aside the order passed by the learned Principal Sessions Judge, Salem in Tr.C.M.P. No.431 of 2026 dated 10-6-2026, and consequently, allow the said application by transferring STC No.8241 of 2026 from the file of Judicial Magistrate Court No.4, Salem to any other court. 2. I heard the learned Senior counsel appearing for the petitioner and perused the materials records of the case. 3. The said transfer petition was filed only on the ground that certain views were expressed by the learned Judicial Magistrate earlier and the petitioner exercised his lawful right and got the order reversed in Crl.R.C.No.1478 of 2024 and therefore, there is a natural fury against the petitioner. This apart, certain proceedings are done in a hurried manner and the accused has not been given opportunities. 4. On perusal of the order passed by the learned Principal Sessions Judge, Salem, it can be seen that remarks were called from the learned Judicial Magistrate and after considering the process adopted by the learned Magistrate and various opportunities were given, the learned Principal Sessions Judge had __________ Page2 of 4 https://www.mhc.tn.gov.in/judis 2026:MHC:2542 CRL OP No. 16869 of 2026 concluded that there was no lack of fairness on the part of the Judicial Magistrate and dismissed the transfer petitioner. 5. It is now settled that the transfer petition on the ground of bias, will not be readily considered, merely on ipse dixit of the petitioner, except strong grounds are made out. Even though certain apprehensions were expressed, I am of the view that the petitioner has not made out a case to transfer the case on the ground of bias on the part of the Presiding Officer. 6. In view thereof, I find no error in the impugned order passed by the learned Principal Sessions Judge, Salem in the transfer petition. 7. Accordingly, this criminal original petition stands dismissed. 02-07-2026 Index: Yes/ Speaking/ order Neutral Citation: Yes MST To 1. The Principal Sessions Judge, Salem. 2. The Judicial Magistrate No.4, Salem. __________ Page3 of 4 https://www.mhc.tn.gov.in/judis 2026:MHC:2542 CRL OP No. 16869 of 2026 D.BHARATHA CHAKRAVARTHY, J. MST CRL OP No. 16869 of 2026 02-07-2026 __________ Page4 of 4 https://www.mhc.tn.gov.in/judis