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Madras High CourtCRL OP(MD)/14294/2016dismissed

Subbaraj,S/O Bankaru Samy v. The Sub Inspector Of Police,

2018-10-09Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.10.2018

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.(MD)No.14294 of 2016 and Crl.M.P.(MD)No.6697 of 2016 Subbaraj ... Petitioner Vs The State represented by The Sub Inspector of Police, Nallatinputhur Police Station, Tuticorin District.

(in Crime No.293 of 2015) in S.C.No.102 of 2016 ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to withdraw the case in S.C.No.102 of 2016 on the file of the learned second Additional Sessions Judge, Tuticorin and transfer the same to any other or any other Competent Court with this Sessions Division of Tuticorin.

For Petitioner : Mr.S.Balaji For Respondent : Mrs.S.Bharathi Government Advocate (Crl.side)

O R D E R

This petition has been field seeking to transfer the case in S.C.No.102 of 2016 pending on the file of the 2nd Additional Sessions Judge, Tuticorin.

2.The learned counsel for the petitioner had sought for transfer by making allegations against the presiding officer of the Court. Therefore, the petitioner apprehended that he will not be able to conduct a fair and impartial trial before the Sub Court. The presiding officer against whom the petitioner had made an allegation, has been transferred and there is a new judge who is now presiding over the Second Additional Sessions Court, Tuticorin.

3.In view of the same, the apprehension raised by the petitioner is no longer in force.

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4.In view of the above, this petition is dismissed and there shall be a direction to the Second Additional Sessions Judge, Tuticorin to complete the proceedings 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(CRL SIDE) /True Copy/ Sub Assistant Registrar(CS III) To

1. The II Additional Sessions Judge, Tuticorin.

2. The Sub Inspector of Police, Nallatinputhur Police Station, Tuticorin District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

rmi VB PM SAR 3 9 11 2018 2P 4C CRL.O.P.(MD)No.14294 of 2016 and Crl.M.P.(MD)No.6697 of 2016 09.10.2018 https://hcservices.ecourts.gov.in/hcservices/