K PACKIYARAJ Vs. S MUTHU PANDI

JUDGEMENT

(1.) The Petitioner has approached this Court with a prayer to transfer the Calendar Case No. 12 of 2006 on the file of the Additional District Munsif-cum-Judicial Magistrate, Manamadurai, to any other criminal Court, out of Sivagangai Sessions Division and stay the further proceedings and dispense with the personal appearance of the Petitioner till the disposal of this main petition.

(2.) The Petitioner is an accused in C.C. No. 12 of 2006 on the file of the Additional District Munsif-cum-Judicial magistrate, Manamadurai. The marriage between the Petitioner and the deceased Thavamari was performed on 21.03.2003 and she deserted herself from the matrimonial home on 02.04.2003 without any reason. The Petitioner has also issued two legal notices to come back to matrimonial home and then he filed a petition in H.M.O.P. No. 87 of 2003 before III Additional Subordinate Court, Madurai, for restitution of conjugal rights. On 14.02.2004, she ended her life by self-immolation and hence, the Petitioner was cited as an accused in S.C. No. 139 of 2005 for the offence under Section 304B IPC, which is pending before the learned Assistant Sessions Judge, Sivagangai.

(3.) The learned Counsel appearing for the Petitioner submitted that the Petitioner's brother-in-law, one Muthu Pandi, who is the 1st Respondent herein, is a practising Advocate in Manamadurai and he lodged a complaint for the offences under Sections 120B, 188, 406, 417, 420 and 424 IPC, which has been registered in Crime No. 6 of 2005 and the same was closed as 'mistake of fact' on 24.12.2005. Aggrieved by the same, the first Respondent herein has filed a complaint before the learned Additional District Munsif-cum-Judicial Magistrate, Manamadurai, invoking the provisions of Section 156(3) Code of Criminal Procedure, for recovery of "Sridhana" property of 120 grams of gold jewels, which was taken cognizance and numbered as C.C. No. 12 of 2006. When the Petitioner appeared before the Court, the first Respondent has filed a transfer petition before the Principal Sessions Judge, Sivagangai, to try the case in C.C. No. 12 of 2006, along with the case in S.C. No. 139 of 2005, pending before the learned Assistant Sessions Judge, Sivagangai, and the said transfer petition was dismissed in Crl.M.P. No. 351 of 2007 on 30.6.2008.