K. SEERALAN Vs. STATE
LAWS(MAD)-2022-8-166
HIGH COURT OF MADRAS
Decided on August 17,2022

K. Seeralan Appellant
VERSUS
STATE Respondents


Referred Judgements :-

PRABHAKAR @ BABU LAXMAN PAWAR VS. STATE OF MAHARASHTRA [REFERRED TO]


JUDGEMENT

- (1.)This Criminal Original Petition has been filed seeking to set aside the order dtd. 11/12/2020 in Tr.Crl.M.P.No.1 of 2020 passed by the learned Principal District and Sessions Judge, Thiruvarur.
(2.)The learned counsel for the petitioner would submit that the petitioner is one of the victims. On his complaint, the first respondent has registered the FIR, completed the investigation and the same has been taken cognizance and made over to the file of the learned Chief Judicial Magistrate, Thiruvarur and assigned S.C.No.72 of 2018. After completion of trial, when the matter was posted for arguments, one of the accused namely the second respondent filed an application for transfer of the case on the ground that the learned Chief Judicial magistrate, Thiruvarur has no jurisdiction to try the offences under Sec. 307 IPC.
(3.)The learned counsel contended that as per Sec. 409(2) Cr.P.C., the trial cannot be transfered after commencement. However, the learned Principal District and Sessions Judge, Thiruvarur, without considering the provisions under Sec. 409(2) Cr.P.C., has mechanically transfered the case.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.