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MEMORANDUM OF CRIMINAL ORIGINAL PETITION

(Under Section 407 of Criminal Procedure Code)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

(Criminal Original Jurisdiction)

Crl.O.P.(MD) No. Of 2023

Homathi(F/32),
W/o.Karunanithi ,
No.3-1/166 kambai(R),
Dindigul District. ...Petitioner
-Vs-
1. Karuppathal,(F/60)
W/o Manickam,
No.70 A, Thirupathi layout,
Karur District.

2. Manickam,(M/65)
No.70 A, Thirupathi layout,
Karur District.

3. K.Karunanithi,(M/54)
S/o Karummanan
No.70 A, Thirupathi layout,
Karur District.

4. Selvarani,(F/62)
W/o.Chellamuthu
No.70 A, Thirupathi layout,
Karur District.

5. Natchimuthu,(M/55)
S/o Ponnusamy,
Arasapillaipatti,Ottachathiram,
Dindigul District.

6. Pappathi,(F/56)
W/o.Govindharajan
No.70 A, Thirupathi layout,
Karur District.
7. Ragupathi,(M/37)
S/o.Govindharajan,
No.70 A, Thirupathi layout,
Karur District. ...Respondents
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AFFIDAVIT FILED BY THE PETITIONER

I, K.Homathi, W/o. Karunanithi, aged about 32

years, residing at No.3-1/166 kambai(R),Dindigul
District, came down to Madurai and do hereby solemnly
affirms and sincerely state as follows;-

1. I am the petitioner herein and as such I am

well acquainted with the facts of the case, and I am
competent to swear this affidavit. I have notified
any other similar petition for the same relief which
is sought for in this petition.

2. I respectfully submits that I am residing in

the above mentioned address and on 27.11.2019 I had
filed a petition under section 200 crpc to register a
case under section 114, 203, 313, 315,363, 334, 359,
294(b), 326 and 506(ii) of IPC before the learned
Additional Mahila court, Dindigul and the same has
been numbered as PRC no.54/2020 and it was
transferred to the learned Additional Mahila court,
Dindigul and the same is pending. In this stage I
made a process to summon the respondents, while
filing the above process memo I has no knowledge
about the names and address of the respondents hence
they deliberately rejected summons issued through the
court. Later I came to know their names and address
and filed a process to issue summons to the
respondent. In the meantime the court issued Non
Bailable Warrant to the 1st and 3rd respondents and
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later NBW (Non Bailable warrant) was also issued to

the other respondent’s no. 1, 7 and 8.

3. I respectfully submits that on 13.09.2022 the

above case in PRC no.54/2020 was posted for “to
execute the warrant’ on 23.09.2022. Later the
respondents have didn’t served any copy of notice to
recall the warrant for the respondents even though
the Additional Mahila Judge, Dindigul accepted the
recall petition and recalled the warrant against the
respondents.

4. I respectfully submit that promptly I made a

petition to transfer the case from then Learned
Additional Mahila Court, Dindigul to District Mahila
Court, Dindigul. Hence I seek this Hon’ble court
indulgence to redress his grievance by transferring
the case in PRC no.54/2020 to District Mahila Court,
Dindigul. Hence I am filing this petition U/s.407 of
Cr.P.C for suitable direction.

Under these circumstances, it is prayed that this

Hon’ble Court may be pleased to transfer the case in
PRC no.54/2020 and DVC No.16/2018 from Additional
Mahila Court, Dindigul to the District Mahila
Court, Dindigul and pass such other or further orders
as this Hon’ble Court may deem fit and proper in the
interest of justice and thereby render justice.

Dated at Madurai on this the day of March 2023.

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COUNSEL FOR PETITIONER

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TRANSFER PETITION

The address for the service of all notices and

summons on the side of the petitioner is that on his
CounselsM/s.K.S.DURAIPANDIAN,K.RAJENDRAN,P.BALASUBRAMANI,
S.PRAVEEN AND C.MOHAN Advocates, No.1, Lawyers Chamber,
High Court Buildings, Madurai - 23.

The address for the service of all notices and

summons on the side of the respondent is stated above.

The petitioner above named begs to present this

Memorandum of Criminal Original Petition before this
Hon’ble Court and prays that this Hon’ble Court may be
pleased to transfer the petition in PRC No.54/2020 and
DVC No.16/2018 on the file of the Additional Mahila
Court, Dindigul and entrust the same to the District
Mahila court, Dindigul in accordance with law and to
complete the petition in PRC No.54/2020 within a
stipulated time period and for consequential orders for
the following among other grounds.

1. The petitioner submits that he is residing in the

above mentioned address and on 27.11.2019 the
petitioner has filed a petition under section 200
crpc to register a case under section 114, 203,
313, 315,363, 334, 359, 294(b), 326 and 506(ii) of
IPC before the learned Additional Mahila court,
Dindigul and the same has been numbered as PRC
no.54/2020 and the petitioner also filed Domestic
Violence Case in DVC No.16/2018 against the
respondents before the Learned Judicial Magistrate
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No.1, Dindigul and it was transferred to the

learned Additional Mahila court, Dindigul and the
both cases is pending. In this the petitioner made
a process to summon the respondents, while filing
the above the petitioner has no knowledge about
the names and address of the respondents hence
they deliberately rejected summons issued through
the court. Later the petitioner came to know their
names and address and filed a process to issue
summons to the respondent. In the meantime the
court issued Non Bailable Warrant to the 1st and 3rd
respondents and later NBW was also issued to the
other respondent’s no. 1, 7 and 8.

2. The petitioner submits that on 13.09.2022 the

above case in PRC no.54/2020 was posted for “to
execute the warrant’ on 23.09.2022. Later the
respondents has did not served any copy of notice
to recall the warrant for the respondents even
though the Additional Mahila Judge, Dindigul
accepted the recall petition and recalled the
warrant against the respondents.

3. The petitioner submits that promptly she lodged

complaint to transfer the case from then Learned
Additional Mahila Court, Dindigul to District
Mahila Court, Dindigul. Hence the petitioner seeks
this Hon’ble court indulgence to redress his
grievance by transferring the case in PRC
no.54/2020 and DVC No.16/2018 to the District
Mahila Court, Dindigul. Hence the petitioner is
filing this petition U/s.407 of Cr.P.C for
suitable direction.
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Under these circumstances, it is prayed that

this Hon’ble Court may be pleased to transfer the case in
PRC no.54/2020 and DVC No.16/2018 from Additional Mahila
Court, Dindigul to the District Mahila Court, Dindigul
and pass such other or further orders as this Hon’ble
Court may deem fit and proper in the interest of justice
and thereby render justice.

Dated at Madurai on this the day of March 2023.

COUNSEL FOR PETITIONER

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MEMORANDUM OF CRIMINAL ORIGINAL PETITION

(Under Section 407 of Criminal Procedure Code)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

(Criminal Original Jurisdiction)

Crl.O.P.(MD) No. Of 2023

Homathi(F/32),
W/o.Karunanithi ,
No.3-1/166 kambai(R),
Dindigul District. ...Petitioner
-Vs-

1. Karuppathal,
W/o Manickam,
No.70 A, Thirupathi layout,
Karur District.
and 6 others. ...Respondents

INDEX TO PAPERBOOK

Sr.No. DATES DESCRIPTION Page.No.

1.
Coding sheet
2.
Vakalat
3. Transfer Petition

Typed set of Papers

4.
Copy of petition filed In
------ PRC.No 54/2020 on the file of
the Learned Additional Mahila
Court, Dindigul
5.
Copy of petition filed In
------ DVC.No 16/2018 on the file of
the Learned Additional Mahila
Court, Dindigul
6.
45244555

Copy of B-dairy Extract in

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24.02.2023 PRC.No 54/2020 on the file of

the Learned Additional Mahila
Court, Dindigul
7.
Copy of B-dairy Extract in
24.02.2023 DVC.No 16/2018 on the file of
the Learned Additional Mahila
Court, Dindigul

I certify the above documents are true Copies of the

originals.

Dated at Madurai on this the day of March 2023.

COUNSEL FOR PETITIONER

DISTRICT: DINDIGUL

BEFORE THE MADURAI BENCH OF

MADRAS HIGH COURT
(Criminal Original Jurisdiction)

Crl.O.P.(MD) No. Of 2023