K.Mohan v. The State Of Tamilnadu Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.18935 of 2025 and Crl.M.P.No.12756 of 2025 K.Mohan ... Petitioner Vs.

The State represented by its Inspector of Police Thiruthuraipooondi Police Station Thiruvarur District ... Respondent Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S., to withdraw and transfer the Sessions Case in S.C.No.45 of 2025 on the file of Principal District and Sessions Judge, Thiruvarur to Principal District and Sessions Judge, Nagapattinam District and Proceed the trial. For Petitioner : Mr.S.Arivazhagan For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl. Side) 1/4

ORDER

This Criminal Original Petition has been filed by the petitioner/defacto complainant to withdraw and transfer the Sessions Case in S.C.No.45 of 2025 on the file of Principal District and Sessions Judge, Thiruvarur to Principal District and Sessions Judge, Nagapattinam District and Proceed the trial.

2. The main ground taken by the learned counsel for the petitioner for transfer of the Sessions Case is that the Judge who is the presiding over the said Court and who is dealing with the criminal cases, has so far not convicted any one of the accused and in all the cases, the accused have been acquitted. Therefore, the petitioner apprehends that he may not get a fair justice in this case. Therefore, the present petition is filed.

3. Heard both sides and perused the materials available on record.

4. The ground taken by the petitioner for transfer of Sessions Case is not satisfied. Therefore, this Court is not inclined to entertain this petition.

5. However, the petitioner is at liberty to work out his remedy in the 2/4

manner known to law. Further, the petitioner is also at liberty to file a petition for assisting the prosecution and if any such application is filed by the petitioner, the learned Sessions Judge, shall permit the petitioner to assist the prosecution.

6. With the above directions, this Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petition is closed. 08.07.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 To

1. The Principal District and Sessions Judge, Thiruvarur

2. Inspector of Police Thiruthuraipooondi Police Station, Thiruvarur District 3.The Public Prosecutor High Court of Madras, Chennai.

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P.VELMURUGAN,J.

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