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)No.963 of 2011 and M.P.(MD).No.1 of 2011 Ganesan ... Petitioner/Petitioner Vs. Kaliyarathinam ... Respondent PRAYER:This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to set aside the order passed in Crl.R.P.No.1040 of 2010 by the learned Principal District and Sessions Judge, Theni, dated 25.08.2010. For Petitioner : M/s.R.Velmurugan For Respondent : M/s.P.Santhanakrishnan ORDER The petitioner sought for transfer of the case in S.T.C.No.3654 of 2009 from the file of the learned Judicial Magistrate, Uthamapalayam to the file of another competent Magistrate to try the case. 2. The learned counsel for the petitioner would stress in his argument that the petitioner's safety was in jeopardy before the said Court, during his appearance before the said Court and therefore, it is better to transfer the said case for the safety purpose. However, it was refuted by the learned counsel for the respondent/complainant. 3. Considering the reasons stated by the petitioner before this Court as well as before the lower Court, this Court could see that merely because the petitioner's safety, the jurisdiction of one Court cannot be shifted to another Court. However, the petitioner is always entitled to be protected by the police for his safety within the Court premises on all the hearing dates of the particular case. Accordingly, the Uthamapalayam Police is directed to give protection to the life and limb of the petitioner on all hearing dates in this case in the Court premises. Since police protection is afforded to the petitioner, for the smooth conduct of the case before the learned Judicial Magistrate, Uthamapalayam, there is no need for transfer of the https://hcservices.ecourts.gov.in/hcservices/ 2 said case from the file of the learned Judicial Magistrate, Uthamapalayam to any other competent Court. Therefore, the order of rejection passed by the learned Principal District and Sessions Judge, Theni, refusing to transfer the case is not liable to be set aside. Accordingly, the petition to set aside the order passed by the learned Principal District and Sessions Judge, Theni in Crl.R.P.No.1040 of 2010, dated 25.08.2010 is not liable to be set aside. Accordingly, the petition is disposed of. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(P&A) /TRUE COPY/ Sub Assistant Registrar To 1. The Judicial Magistrate, Uthamapalayam. 2. The Principal District and Sessions Judge, Theni. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.R.Velmurugan, Advocate SR.No.5484 +1cc to Mr.P.Santhanakrishnan, Advocate SR.No.5287 Crl.O.P.(MD)No.963 of 2011 10.02.2011 akv PA/15.02.2011/2P/6C https://hcservices.ecourts.gov.in/hcservices/