1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated:25.02.2011 Coram: The Honourable Mr. Justice C.T.SELVAM Crl.RC(MD)No.148 of 2011 and MP(MD)No.1 of 2011 Ganesan :Petitioner -Vs- 1.Ayyanar 2.Ganesan 3.Pandi 4.Vijayakumar 5.Mariammal 6.Soundaravalli 7.State represented by The Inspector of Police, Thiruchuli Police Station, Virudhunagar District. (In Crime No.72 of 2004) :Respondents Prayer:Criminal Revision Petition filed under Section 397 r/w 401 of Criminal Procedure Code to set aside the order passed by the Principal Sessions Court, Virudhunagar District at Srivilliputtur in Tr.C.M.P.No.925 of 2007 dated 12.01.2011 and allow this Criminal Revision Petition. For Petitioner : Mr.G.Marimuthu For Respondents : Mr.R.M.Anbunithi, Government Advocate(Crl.Side) ORDER This Criminal Revision Petition arises against the dismissal order passed in Tr.C.M.P.No.925 of 2007, by the Principal Sessions Court, Virudhunagar District at Srivilliputtur, dated 12.01.2011. 2.The petitioner/accused in a case pending trial in S.C.No.41 of 2005, on the file of the learned Sub Judge, Aruppukottai, has sought transfer of case pending in C.C.No.347 of 2004 before the learned Judicial Magistrate, Aruppukottai to the file of the Sub-Judge, Aruppukkottai, informing that the case in C.C.No.347 of 2004 arises on his complaint and relates to one and the same incident, in respect of which, he stands trial as an accused in S.C.No.41 of 2005 before the Sub-Judge, Aruppukottai. 3.The lower Court has dismissed the petition for transfer informing that it was for the petitioner to substantiate his contention that both the cases arise out of one and the same incident and for that purpose, he ought to have produced the charge-sheet in both cases or in the least of the connected F.I.R's therein. https://hcservices.ecourts.gov.in/hcservices/ 2 4.Though we are not able to agree with the reasoning of the lower Court, we find that in S.C.No.41 of 2005, the prosecution evidence had been closed and the arguments were heard and stood posted for judgment on 09.03.2007. Owing to the non-appearance of the petitioner on such date, the petition filed by the petitioner under Section 317 Cr.P.C. was dismissed and a non- bailable warrant stood issued against him. It is only thereafter that the petition has been moved seeking transfer in Tr.Crl.M.P.No.925 of 2007 on 14.03.2007. Owing to the pendency of the transfer petition, passing of judgment in S.C.No.41 of 2005 has now been delayed for almost four years. 5.The learned Government Advocate (Crl.Side) submits that summons stand issued to the witnesses in the other case and it stands posted to 08.03.2011. 6.Finding malafide, the petition moved for transfer that too at the stage of judgment in the Sessions case, this Court dismisses the present Criminal Revision Petition. Consequently, the connected Miscellaneous Petition is dismissed. Sd/- Assistant Registrar (P&A) / TRUE COPY / Sub Assistant Registrar To: 1.The Principal Sessions Judge, Virudhunagar District at Srivilliputtur. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3.The Inspector of Police, Thiruchuli Police Station, Virudhunagar District. +1CC to Mr.G.Marimuthu, Advocate. SR.No.10189. Ssl RP/17.03.2011/2P/5C. Crl.RC.(MD)No.148 of 2011 and M.P(MD)No.1 of 2011 25.02.2011 https://hcservices.ecourts.gov.in/hcservices/