Madras High Court
CRL OP/29959/2026 of D.Boopathy Vs The State Rep.by, The Inspector of Police on 15 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-10-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN
CRL OP No. 29959 of 2026 and
Crl.M.P.No.19967 of 2026
CNR: {HCMA012410082026}
D.Boopathy
S/o. Devarajan,
No.3/92-A,
Kalinayakkanur,
Singilipatti Village,
Velagoundampatti Post,
Namakkal District.
..Petitioner(s)
Vs
The State Rep.by, The Inspector of Police, Velagoundampatti Police Station,
Namakkal District.
Cr.No.21 of 2016.
..Respondent(s)
Prayer: This petition is filed under section 528 of BNSs to withdraw the case in CC.No.106 of 2018 on the file of the learned Judicial Magistrate, No.1, Namakkal and transfer the same to any other court of competent jurisdiction other than Namakkal District.
For Petitioner(s):
MrR.T.Vishnu
For Respondent(s):
Mr.R.Ganesh Kumar, Additional Public Prosecutor ( Crl side)
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ORDER
This petition is filed to withdraw and transfer the case in CC.No.106 of 2018, pending before the learned Judicial Magistrate, No.1, Namakkal.
2. The facts of the case is that the first accused has filed a case against the petitioner before the Anti-land Grabbing Cell, Namakkal and the same was taken cognizance in CC.No.106 of 2018, pending before the learned Judicial Magistrate, No.1, Namakkal. The grievance of the petitioner is that the accused is an advocate by profession and a local influential person, due to which when the petitioner appeared for cross examination the accused created an intensely hostile, menacing and tumultuous atmosphere inside the Court, indulging in open quarrelling, shouting and intimidation. The accused persons deliberately chosen not to cross-examine in any of the above said hearing, with an ulterior motive to prolong the trial and intimidate the witnesses. Therefore, the petitioner has filed this petition seeking to withdraw and transfer the case to Judicial Magistrate, Sankagiri.
3. Heard both sides and perused the materials available on record.
5. On a perusal of records it is seen that during the course of the trial, petitioner was examined on 19.09.2022 and other prosecution witnesses were also examined on 19.09.2022,17.03.2022 and 10.04.20223 and 03.05.2023. But the petitioner was not cross examined by the accused persons deliberately only to drag on the proceedings.
7. In view of the above facts, the petitioner has made out a prima facie case to transfer the proceedings. Hence, the proceedings in CC.No.106 of 2018, on the file of learned Judicial Magistrate, No.1, Namakkal is transferred to the Judicial Magistrate Sankagiri. The learned Judicial Magistrate, No.1, Namakkal is directed to transfer the entire proceedings in CC.No.106 of 2018, to Judicial Magistrate Sankagiri. After receipt of the same, the Judicial Magistrate Sankagiri is directed to issue summons to the accused persons and complete the trial within a period of 3 months from the date of the appearance of the parties. Accordingly, this petition is allowed. Consequently, the connected miscellaneous petition is closed. 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SMN To.
1. The Inspector of Police, Velagoundampatti Police Station,
2. The Public Prosecutor, High Court, Madras
G.K.ILANTHIRAIYAN, J. SMN CRL OP No. 29959 of 2026 and Crl.M.P.No.19967 of 2026 15-10-2026