R.Deva Doss Reddy v. Iop Ccb Ch

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 08.10.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.23688 of 2018 and CRL.M.P.No.13349 of 2018 R.Deva Doss Reddy .. Petitioner Vs 1.The State rep. By, The Inspector of Police, Central Crime Branch, Chennai.

2.M.A.Ponnusamy Reddiar .. Respondents Criminal Original Petition filed under Section 407 Cr.P.C., praying to transfer the case in C.C.No.829 of 2018 from the file of the Special CCB & CBCID Court at Allikulam, Chennai to XVII Metropolitan Magistrate at Saidapet, Chennai. For Petitioner : Mr.P.Venkatachalam For Respondents : Ms.M.Prabhavathi, (For R1) Additional Public Prosecutor

O R D E R

The petitioner is facing prosecution in C.C.No.829 of 2018 [formerly C.C.No.8764/2004] before the Special Court for CCB & CBCID, Allikulam, Chennai.

2.While so, the petitioner filed the present petition for transfer on the ground that an Advocate by name Sathya who is practising in the Egmore Bar is frequently assaulting the petitioner when he goes to the Court for hearing. 3.However, learned Additional Public Prosecutor submitted that twelve witnesses have been examined and the case is now posted for examination of IO.

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4.At this juncture, this Court is of the view that if the case is transferred to any other Court, undue prejudice will be caused to all the parties, including the accused. Hence, this petition is closed with the further direction to the learned Metropolitan Magistrate, Court for CCB & CBCID Court at Allikulam, Chennai to ensure that no harm befalls the accused when he comes for trial to the Court. If there is any threat to the accused by the said Sathya, it is open to the Trial Court to inform the local police for appropriate action and also to the Bar Council of Tamil Nadu for further action. With the above direction, this petition is ordered accordingly. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar gsa To 1.The Inspector of Police, The State of Tamil Nadu, Central Crime Branch, Chennai.

2.The Judge, Special CCB & CBCID Court, Allikulam, Chennai 3.The Public Prosecutor, High Court, Madras.

+1 cc Mr.P.Venkatachalam , Advocate, SR.No. 70104 CRL.O.P.No.23688 of 2018 and CRL.M.P.No.13349 of 2018 CSL/23.10.2018 https://hcservices.ecourts.gov.in/hcservices/