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Periasamy vs N Prabaharan

Madras High Court|27 January, 2017
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JUDGMENT / ORDER

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.01.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.26135 of 2016 and Crl.M.P.Nos.12991 & 12992 of 2016 Periasamy ... Petitioner Vs N.Prabaharan ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in STC No.216 of 2016, on the file of the Judicial Magistrate, Fast Track No.1, Erode, and quash the same.
For Petitioner : Mr.A.Saravanan For Respondent : Mr.V.Regunathan ORDER The present criminal original petition has been filed to call for the records in STC No.216 of 2016, on the file of the learned Judicial Magistrate, Fast Track No.1, Erode, and quash the same.
2. It is the case of the petitioner that on the basis of the private complaint given by the respondent, a case was registered in S.T.C.216 of 2016 against him and the same is now pending before the learned Judicial Magistrate, Fast Track Court No.I, Erode. To quash the said proceedings, the petitioner has come up with the present petition.
3. Today, when the matter was taken up for consideration, learned counsel appearing for the petitioner as well as learned counsel appearing for the respondent submitted that the complaint has to be filed only before the learned Judicial Magistrate, Tiruppur, who has jurisdiction to try the issue and hence, both the learned counsels have agreed to have the matter before the learned Judicial Magistrate, Tiruppur.
4. Accordingly, S.T.C.No.216 of 2016 pending on the file of the learned Judicial Magistrate, Fast Track Court No.I, Erode, is directed to be transferred to the file of learned Judicial Magistrate No.I, Tiruppur, who shall consider the matter on merits and pass appropriate orders as expeditiously as possible, preferably, within a period of six months from the date of receipt of the said bundle. The learned Judicial Magistrate, Fast Track Court No.I, Erode, is directed to send the case bundle in S.T.C.No.216 of 2016 to the learned Judicial Magistrate No.I, Tiruppur, forthwith. The criminal original petition is disposed of accordingly. Consequently, connected miscellaneous petitions are closed.
27.01.2017 Index:Yes/No sbi To
1. The Judicial Magistrate, Fast Track No.1, Erode.
2. The Judicial Magistrate No.I, Tiruppur.
R.MAHADEVAN, J sbi Crl.O.P.No.26135 of 2016 DATED: 27.1.2017
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Title

Periasamy vs N Prabaharan

Court

Madras High Court

JudgmentDate
27 January, 2017
Judges
  • R Mahadevan