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Madras High CourtCRL OP/21691/2024dismissed

Devi v. The State By

2024-09-04Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN S.Devi ... Petitioner Vs.

1.The State by The Deputy Superintendent of Police, Tiruppur, Tiruppur District.

2.The State Rep.by The Inspector of Police, Kangeyam Police Station, Tiruppur District.

Crime No.78 of 2018 3.N.Senthilkumar 4.D.Sekar 5.S.Kavinkumar 6.P.Manokar 7.P.Sarawathi ... Respondents Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C.,/ 528 BNSS, pleased to withdraw the trial in Spl.S.C.No.5 of 2024 pending on the file of the learned Sessions Judge, Special Court for Trial of Cases under Scheduled Castes and Scheduled Tribes (PoA) Act, Tiruppur District and transfer the same to the learned Sessions Judge, Special Court for Trial of Cases under Scheduled Castes and Scheduled Tribes (PoA) Act, Erode District.

For Petitioner : Mr.B.Mohan 1/4

For R1 & R2 : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

O R D E R

The petitioner herein, who is the defacto complainant alleging that the accused are powerful persons in Tiruppur District, seeks transfer of trial from Tiruppur District to Erode District. 2.

The learned counsel appearing for the petitioner submits that the witnesses are all poor laboures and they are amenable for threat. Therefore, the case has to be transferred from Tiruppur District to Erode District.

3.

However, this Court finds no genuine reason to transfer the trial to one sessions division to another sessions division. On illusionary apprehension expressed by the defacto complainant, trial cannot be transferred. Hence this Criminal Original Petition is dismissed. 04.09.2024 Index : Yes/No rpl To 2/4

1.The Sessions Judge, Special Court for Trial of Cases under Scheduled Castes and Scheduled Tribes (PoA) Act, Tiruppur District 2.The Deputy Superintendent of Police, Tiruppur, Tiruppur District.

3.The Inspector of Police, Kangeyam Police Station, Tiruppur District.

4.The Public Prosecutor, High Court of Madras, Chennai.

Dr.G.JAYACHANDRAN,J.

rpl 3/4

04.09.2024 4/4