IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.06.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.670 of 2017 Venkatesan ... Petitioner/Accused Vs
1. State rep. By its The Inspector of Police, W-25, All Women Police Station, T.Nagar, Chennai 600 017. ... Respondent/Complainant
2. Nalankilli (R2 impleaded as per order of this Court dt:25/4/17) .. Respondent/Defacto Complainant Criminal Original Petition filed under Section 407 Cr.P.C. to withdraw and transfer S.C.No.212 of 2016 from Mahila Court,Chennai to any other court in Chennai.
For Petitioner : Mr.B.Narayanan For Respondent-1 : Mr.M.Mohamed Riyaz Govt. Advocate (Crl.side) ORDER The present criminal original petition has been filed seeking a direction to withdraw S.C.No.212 of 2016 from the file of Mahila Court, Chennai and transfer the same to any other competent court in Chennai.
2. Under Section 407 of the Criminal Procedure Code, no application shall lie to the High Court for transferring a case from one Criminal Court to another Criminal Court in the same sessions division, unless an application for such transfer has been made to the Sessions Judge and rejected by him.
3. It is evident that the petitioner has not yet moved the Sessions Court. If that being the factual position, the petitioner is permitted to present the paper before the Sessions Court within a period of two weeks, from the date of receipt of a copy of this order and on such presentation being made, necessary order be passed.
4. With the above observation, this Criminal Original petition is disposed of. Consequently, connected miscellaneous petitions are closed.
05.06.2017 Index : Yes/No smi To
1. The Inspector of Police, W-25, All Women Police Station, T.Nagar, Chennai 600 017.
2. The Public Prosecutor, High Court, Madras.
R.MAHADEVAN, J.
smi Crl.O.P.No.670 of 2017 DATED: 05.06.2017 http://www.judis.nic.in