1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)Nos.247 and 248 of 2011 and M.P.(MD) Nos.1 and 1 of 2011 Y.Sasikanth ... Petitioner in both Petitions(Accused) Vs. D.Rajamani ... Respondent in both Petitions(Complainant) PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records in S.T.C.Nos.413 and 414 of 2009 on the file of the Judicial Magistrate No.3, Trichy and quash the same For Petitioner : Mr.R.Sundar in both petitions For Respondents : Mr.V.Illanchezhian in both petitions ORDER These Criminal Original Petitions have been filed to quash the cases in S.T.C.Nos.413 and 414 of 2009 on the file of the Judicial Magistrate No.3, Trichy. 2. Heard Mr.R.Sundar learned counsel appearing for the petitioner and Mr.V.Illanchezhian, learned counsel appearing for the respondents. 3. The learned Counsel for the petitioner in both petitions would submit in his argument that the cases have been taken cognizance by the Judicial Magistrate No.3, Trichywhich has no jurisdiction and the competent Court, having jurisdiction is the learned Judicial Magistrate No.2, Trichy. 4. He would further submit in his argument that the learned Judicial Magistrate No.3, Trichy is not having jurisdiction to take cognizance of the complaints on file and to issue summons and therefore, the very concept of the provision of Cr.P.C. has been defeated and therefore on that score itself, the complaints taken on file in S.T.C.Nos.413 and 414 of 2009 on the file of the learned Judicial Magistrate No.3, Trichy has to be quashed. 5.The learned counsel appearing for the respondent would submit in his argument that the complaints were presented before the Judicial Magistrate No.3, Trichy since, it has got jurisdiction, where the notice has been issued even though the other Courts viz., the learned Judicial Magistrate Nos.2 to 4, Trichy are also having the jurisdiction regarding the complainant and respondent's residential places are concerned. However, he has no objection for the case being transferred to any one of the Court since, the mistaken cognizance is only an irregularity and not affected by way mandatory provision. He would therefore, request the Court to pass suitable orders. https://hcservices.ecourts.gov.in/hcservices/ 2 6.Considering the submissions made by both sides, this Court could see that the Judicial Magistrates in Trichy, have been allocated, in such a way, to have jurisdiction of such police stations and the causes of action arisen in the said places are being taken up for taking cognizance of the cases for the purpose of administration of justice. However, the complaints filed by the respondent was said to have been within the jurisdiction of the learned Judicial Magistrate No.3, Trichy. The objections raised by the petitioner is that the competent jurisdiction is with the Judicial Magistrate No.2 or the Judicial Magistrate No.4, Trichy, but not the Judicial Magistrate No.3. 7.The learned counsel appearing for the respondent/complaint would submit that the overall territorial jurisdiction is vested within Trichy and by taking cognizance of the complaint, there is no violation of any mandatory provision and taking cognizance of the complaint by the Judicial Magistrate No.3, Trichy will not vitiate the complaints itself and it can be cured by the order of the Court. 8.Considering the submission made by the learned counsel for the respondent, this Court is also agreeing with the view of the learned counsel for the respondent and inclined to pass an order of transfer of the cases in S.T.C.Nos.413 and 414 of 2009 from the file of the Judicial Magistrate No.3, Trichy, to the file of the Judicial Magistrate No.2, Trichy for disposal in accordance with law. 9.Accordingly, the cases in S.T.C.Nos.413 and 414 of 2009 are hereby ordered to be transferred from the file of the Judicial Magistrate No.3, Trichy to the file of the Judicial Magistrate No.2, Trichy and the said exercise has to be carried out within a period of 15 days from the date of receipt of a copy of this order and the learned Judicial Magistrate No.2, Trichy is directed to dispose of both those cases as expeditiously as possible in accordance with law. 10.With the above observations and direction, these Criminal Original petitions are disposed of. consequently, connected miscellaneous petitions are closed. Sd/- Deputy Registrar(Accounts) /TRUE COPY/ Assistant Registrar To 1.The Judicial Magistrate No.2, Trichy. 2.The Judicial Magistrate No.3, Trichy. 3.Do-Thro' The Chief Judicial Magistrate, Trichy. +1cc to Mr.R.Sundar, Advocate SR.No.5370 Crl.O.P.(MD)Nos.247 and 248 of 2011 10.02.2011 arul PA/21.02.2011/2P/5C https://hcservices.ecourts.gov.in/hcservices/