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2022 Supreme(Online)(Mad) 51437

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hon`ble Mr Justice G.K. ILANTHIRAIYAN
P.N.RANGARAJAN – Appellant
Versus
SUSHMITH SHRIVATSAN – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.09.2022 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.3546 of 2022 and Crl.M.P.No.1662 of 2022

1.P.N.Rangarajan

2.R.Revathy Rangarajan ... Petitioners Vs

1. Sushmith Shrivatsan

2. The Protecting officer, Domestic Violence, District Social Welfare Office, Trichirapalli - 1 ... Respondents Prayer:Criminal Original Petition filed under Section 407 of Cr.P.C. to withdraw the case in DVC No. 80 of 2021 pending in the Court of the Additional Mahila Judge at Tiruchirapalli and transfer the same to a District Sub Court at Tambaram.

For Petitioner : Mr.B.N.Chandra Shekhar For R2 : Mr.E.Raj Thilak, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed praying to withdraw the case in DVC No. 80 of 2021 pending in the Court of the Additional Mahila Judge at Tiruchirapalli and transfer the same to a District Sub Court at Tambaram.

2. The learned counsel for the petitioner would submit that the petitioners are senior citizens and they are residing at Chennai and therefore they find difficulty to reach the trial Court for each and every hearing date. That apart, the marriage between their son and first respondent was solemnised at Tambaram. Even then, the first respondent had filed the Domestic Violence case before the learned Judicial Magistrate Cum Mahila Court at Trichy.

3. In view of the above submissions, this Court is of the view that the grounds raised by the petitioners cannot be considered for transfer of the cases and further, the first respondent resides within the jurisdiction of Tiruchirappalli and she had rightly filed before the Additional Mahila Judge at Tiruchirappalli.

3. Accordingly, this Criminal Original Petition is dismissed and the connected miscellaneous petition is also closed.

09.09.2022 Index:Yes/No Speaking/Non speaking order Sma To

1. The Protecting officer, Domestic Violence, District Social Welfare Office, Trichirapalli - 1

2. The Public Prosecutor, High Court of Madras.

G.K.ILANTHIRAIYAN. J, Sma and Crl.M.P.No.1662 of 2022

09.09.2022

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