1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2011 CORAM: THE HONOURABLE MS.JUSTICE R.MALA Criminal Original Petition(MD)Nos.5612 to 5614 of 2011 & M.P(MD)No.1 of 2011 in Crl.O.P(MD)No.5613 of 2011 CRL.O.P(MD)No.5612 of 2011: 1.M.Gopinath 2.C.Marimuthu .. Petitioners -Vs-. A.Illayarani .. Respondent/Defacto Complainant Prayer: Criminal Original Petition filed under Section 407 of Cr.P.C. to transfer the case in C.A.No.66 of 2008 pending before the learned District Sessions Court, Srivilliputhur to learned District Sessions Court, Madurai or any other competent Court. For Petitioners : Mr.T.Lajapathi Roy For Respondent : Mr.G.Marimuthu CRL.O.P(MD)No.5613 of 2011: 1.M.Gopinath 2.C.Marimuthu 3.M.Jegathambal 4.M.Dinesh 5.M.Nirmala .. Petitioners -Vs-. 1.The Inspector of Police, All Women Police Station, Rajapalayam, Virudhunagar District. (Crime No.13/2007) 2.A.Ilayarani .. Respondents/Defacto Complainants Prayer: Criminal Original Petition filed under Section 407 of Cr.P.C. to transfer the case in C.C.No.120 of 2008 pending before the learned Judicial Magistrate No.II, Srivilliputhur to learned Judicial Magistrate No.II, Madurai and taken up the case along with the connected private complaint pending before the learned Judicial Magistrate No.II, Madurai in C.C.No.391 of 2008 in Crime No.2031 of 2007 or any other competent Court. For Petitioners : Mr.T.Lajapathi Roy https://hcservices.ecourts.gov.in/hcservices/ 2 For Respondents : Mr.V.Rajarajan Govt.Advocate (Crl.Side)for R1 : Mr.G.Marimuthu for R2 CRL.O.P(MD)No.5614 of 2011: M.Gopinath .. Petitioner -Vs-. 1.The Inspector of Police, All Women Police Station, Palladam Police Station, Coimbatore District. 2.A.Illayarani 3.S.Arumugam 4.Susila 5.P.Balasubramaniyam 6.Murugesan 7.Nataraj 8.Rengathal 9.Natchiyammal 10.Phylips Kennedy 11.Gurunathan .. Respondents/Accused Prayer: Criminal Original Petition filed under Section 407 of Cr.P.C. to transfer the case in un- numbered C.C.No. of 2008 dated 31.12.2008 in Crime No.28 of 2007 pending before the learned Judicial Magistrate, Palladam to the learned Judicial Magistrate No.II, Madurai and taken up the case along with the connected private complaint pending before the learned Judicial Magistrate No.II, Madurai and taken up the case along with the connected private complaint pending before the learned Judicial Magistrate No.II, Madurai in C.C.No.391 of 2008 in Crime No.2031 of 2007 or any other competent Court. For Petitioners :Mr.T.Lajapathi Roy For Respondents :Mr.V.Rajarajan Govt.Advocate (Crl.Side) for R1 :Mr.G.Marimuthu for R2 COMMON ORDER Criminal Original Petition No.5612 of 2011 has been filed under Section 407 of Cr.P.C. to transfer the case in C.A.No.66 of 2008 pending before the learned District Sessions Court, Srivilliputhur to learned District Sessions Court, Madurai or any other competent Court. 2.Criminal Original Petition No.5613 of 2011 has been filed under Section 407 of Cr.P.C. to transfer the case in C.C.No.120 of 2008 pending before the learned Judicial Magistrate No.II, Srivilliputhur to learned Judicial Magistrate No.II, Madurai https://hcservices.ecourts.gov.in/hcservices/ 3 and taken up the case along with the connected private complaint pending before the learned Judicial Magistrate No.II, Madurai in C.C.No.391 of 2008 in Crime No.2031 of 2007 or any other competent Court. 3.Criminal Original Petition No.5614 of 2011 filed under Section 407 of Cr.P.C. to transfer the case in un- numbered C.C.No. of 2008 dated 31.12.2008 in Crime No.28 of 2007 pending before the learned Judicial Magistrate, Palladam to the learned Judicial Magistrate No.II, Madurai and taken up the case along with the connected private complaint pending before the learned Judicial Magistrate No.II, Madurai and taken up the case along with the connected private complaint pending before the learned Judicial Magistrate No.II, Madurai in C.C.No.391 of 2008 in Crime No.2031 of 2007 or any other competent Court. 4.Heard the learned Counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) for the first respondent in Crl.O.P.(MD)Nos.5613 and 5614 of 2011. 5.The learned Counsel appearing for the petitioners submits that they have filed an application stating that there is a dispute between the de-facto complainant and her husband and in-laws and hence, there are three cases. C.A.No.66 of 2008 is pending before the District and Sessions Judge, Srivilliputhur, and C.C.No.391 of 2008 is pending before the learned Judicial Magistrate No.II, Madurai and another C.C.No.120 of 2008 is pending before the learned Judicial Magistrate No.II, Srivilliputhur and another case in unnumbered C.C.No. of 2008 is pending before the learned Judicial Magistrate, Palladam in Crime No.28 of 2007. Hence, they want all the cases to be transferred to the single Court like Madurai or to any other place. Hence, they want a direction from this Court. He further submits that the relatives of the second respondent are working in Srivilliputhur Court and hence they want to transfer the case. 6.The learned Counsel for the de-facto complainant/wife submits that the respondent/wife filed a petition before the learned Judicial Magistrate No.II, Srivilliputhur, under Section 12 of the Protection of Women From Domestic Violence Act, 2005 and the orders have been passed against which the husband preferred an application which is pending before the District and Sessions Judge, Srivilliputhur. The father of the respondent is suffering from Cardiac and Diabetic and since she was helpless lady, she wants all the cases to be transferred to the Srivllliputhur Court and she is ready to co-operate for early disposal of the cases. He further submits that the petitioners advanced his arguments that the relatives of the second respondent has been working in Srivilliputhur Court, but there is no such averments stated in the affidavit. Hence, he prayed for dismissal of the petitions. 7.The marriage was solemnized on 20.03.2005 between the first petitioner and the second respondent/de-facto complainant and https://hcservices.ecourts.gov.in/hcservices/ 4 because of misunderstanding, several criminal proceedings have been initiated by the de-facto complainant/wife herein against the petitioners. Admittedly, the de-facto complainant/wife herein has preferred a complaint under Section 12 of the Protection of Women From Domestic Violence Act, 2005 and maintenance has been awarded and that order has been challenged and preferred C.A.No.66 of 2008 before the learned District and Sessions Judge, Srivilliputhur. 8.It is an admitted fact another C.C.No.120 of 2008 is pending before the learned Judicial Magistrate No.II, Srivilliputhur and another C.C.No.391 of 2008 in Crime No.2031 of 2007 is pending before the learned Judicial Magistrate No.II, Madurai. 9.On perusal of affidavit, it is seen that there is a petition for restitution of conjucal rights the husband also filed in H.M.O.P.No.162 of 2007 which was transferred to Sivakasi and that has been dismissed for non-prosecution. Since the de-facto complainant/wife is a deserted woman by her husband and even though she filed a petition for Domestic Violation Act, the learned Judicial Magistrate No.II, Srivilliputhur, ordered an award of maintenance and instead of paying maintenance, he filed an appeal before the District and Sessions Court C.C.No.120 of 2008 before the learned Judicial Magistrate No.II, Srivilliputhur and another unnumbered C.C.No. of 2008 before the learned Judicial Magistrate, Palladam are pending. 10.Considering the facts that helpless lady is deserted by her husband and that the petitioners are residing at Madurai, this Court is not convinced with the reasons for transferring the case from the District Sessions Court, Srivilliputhur to the District Sessions Court, Madurai or any other Court and accordingly, I am inclined to dismiss these petitions with the observation that the case pending in C.C.No.391 of 2008 before the learned Judicial Magistrate No.II, Madurai, is also transferred to Srivilliputhur to try with the cases therein and the learned Judicial Magistrate No.II, Srivilliputhur is directed to dispose of the same and pass suitable orders on merits in accordance with law. 11.With the above observation, these Criminal Original Petitions are dismissed of. Consequently, connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.II, Srivilliputhur. 2.The Judicial Magistrate No.II, Madurai 3.The Judicial Magistrate, Palladam 4.The District Sessions Court, Srivilliputhur 5.The District Sessions Court, Madurai https://hcservices.ecourts.gov.in/hcservices/ 5 6.The Addl.Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +3cc to Mr.T.Lajapathi Roy, Advocate, Sr.No.25469 to 25471 +1cc to Mr.G.Marimuthu, Advocate, Sr.No. 25394 gsr ssk/16.08.2011 /11c -5p/- Crl.O.P.(MD)Nos.5612 to 5614 of 2011 https://hcservices.ecourts.gov.in/hcservices/