Muthu @ Muthukumaran v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.06.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.57 of 2015 and M.P.No.1 of 2015 Muthu @ Muthukumaran ... Petitioner Vs 1.State rep. by The Inspector of Police, CBCID, Puducherry.

(Crime No.1 of 2013) 2.Vishnupriya @ Pachaiammal ... Respondents Criminal Original Petition filed under Section 407 Cr.P.C., to call for the records pertaining to the case in Spl. Sessions Case No.2 of 2014 pending trial on the file of the Special Judge (Under the POCSO ACT), Puducherry and transfer the same to the Special Judge (Under the POCSO ACT), Villupuram or any other competent court.

For Petitioner : Mr.K.Elangovan For Respondents : Mr.J.Kumaran, Government Advocate, Pondy [for R1]

O R D E R

Seeking a direction to transfer the Spl. Sessions Case No.2 of 2014 on the file of the Special Judge, POCSO Act, Puducherry to the Special Judge, POCSO Act, Villupuram or any other court.

2. Heard the learned counsel for the petitioner and the learned Government Advocate [Pondy], appearing for the 1st respondent and perused the materials placed on record.

3. This application has been filed for transferring the Spl. Sessions Case No.2 of 2014 on the file of the Special Judge, POCSO Act, Puducherry to any other court on the ground that the Presiding Officer of the said court is prejudiced against the accused. https://hcservices.ecourts.gov.in/hcservices/

4. It is seen that the Presiding Officer of the said court has now been transferred and a new incumbent has joined. Under such circumstances, this petition is dismissed and the Trial Court is directed to proceed with the trial and complete the same, within a period of three months, from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar gya To 1.The Inspector of Police, CBCID, Puducherry.

2.The Public Prosecutor [Pondy], High Court, Madras.

+1cc to Mr.K.Elangovan, Advocate, S.R.No.29465 CRL.OP.No.57 of 2015 KSJ(CO) CA(24/06/2015) https://hcservices.ecourts.gov.in/hcservices/