IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.07.2009 CORAM THE HONOURABLE MR. JUSTICE C.S.KARNAN Crl.O.P.No.16716 of 2007 and M.P.No.1 of 2007 1. Venkatesan 2. A.G.Anandan 3. A.G.Mohan 4. Anandan ..Petitioners -Vs- State rep. By: The Inspector of Police, Arni Town Police Station, Arni (Cr.No.943/2006) ..Respondent Petition filed under section 407 Cr.P.C., to withdraw the complaint in C.C.No.157/2007 on the file of the learned Judicial Magistrate, Arni and to transfer to any other Court at Vellore District Limit Jurisdiction. For Petitioner : No Appearance for M/s. G. Paranthaman For Respondents : A.Saravanan Government Advocate (Crl. Side) O R D E R The petitioner has filed the above Criminal Original Petition No.16716 of 2007 to transfer the case in C.C.No.157 of 2007 from the file of the learned Judicial Magistrate, Arni to any other Court at Vellore District Limit Jurisdiction. 2. Supporting his case, the petitioner has filed an affidavit stating that the defacto complainants namely Saravanan, Kutti, Murugan with others had attempted to kill him with deadly weapons on https://hcservices.ecourts.gov.in/hcservices/ 19.09.2006 at about 6.15 hours, near old Bus Stand, Arni. The said occurrence was informed to the Respondent police by way of a complaint. The same was registered as Crime No.944 of 2006. The defacto complainants lodged a false complaint against the petitioner and others. The respondent police registered a case in Crime No.943 of 2006. 3. The petitioner further submits that the Respondent Police have filed a charge sheet against the petitioner and others for the said offence in Crime No.943 of 2006. But, the respondent police had not filed charge sheet on the petitioner's complaint. Hence, the petitioner has approached this Honourble Court in Criminal Original Petition No.30858 of 2006 for direction to the respondent police to file charge sheet, in the petitioner's case. 4. The petitioner further narrated in his affidavit that the defacto complainants are highly influential persons and had threatened the petitioner, which had created a fear in his mind. Further, the defacto complainant's men threatened the petitioner over phone and also in person, and made him to run from Arani. So, the petitioner and others feel that their life is in danger. Further, the defacto complainant has demanded the petitioner to withdraw the case. Hence the petitioner has sought transfer of the criminal proceedings. 5. Considering the contentions of the petitioner, it is accepted by him that two Criminal cases are pending on the file of the Judicial Magistrate, Arani in Crime No.943 of 2006 and 944 of 2006. But the petitioner seeks transfer of the case in Crime No.943 of 2006 in C.C.No.157 of 2007 alone. 6. Considering the facts and circumstances of the case, the petitioner seeks transfer of defacto complainant's case alone i.e. Crime No.943 of 2006, but the connected Crime No.944 of 2006 is pending in the same court. The petitioner and others have to appear in Crime No.944 of 2006 in the same Court. So the transfer petition cannot be entertained since the petitioner and others have to appear in the same court in connected case in Crime no.944 of 2006 as defacto complainants and accused respectively. 7. Further, if this Court allows the transfer petition, the purpose/remedy which the petitioner seeks will not be attained. This Court further points out that the petitioners' appearance and co- operation with the respondent police is necessary to establish the prosecution case against the accused in Crime No.944 of 2006. https://hcservices.ecourts.gov.in/hcservices/ 8. Accordingly the transfer Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is also closed, as not necessary. sd/- Asst.Registrar /true copy/ Sub Asst.Registrar ars To 1. The Judicial Magistrate, Arni, Thiruvannamalai District. 2. -do- Through The Chief Judicial Magistrate, Thiruvannamalai. 3. The Inspector of Police, Arni Town Police Station, Arni. 4. The Public Prosecutor High Court of Madras Chennai. Crl.O.P.No.16716 of 2007 and M.P.No.1 of 2007 SGL (CO) GSK 20.07.2009. https://hcservices.ecourts.gov.in/hcservices/