Babu @ Chandra Babu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI 1.Babu @ Chandra Babu 2.Sree Krishna Perumal ... Petitioners/ Accused Nos.1 and 2 Vs.
1.The Inspector of Police, Kottar Police Station, Kanyakumari District.
Crime No.410/2022 ... 1st Respondent/Complainant 2.S.Bharath ...2nd Respondent/Defacto Complainant 3.The Secretary, Bar Counsil of Tamil Nadu, Chennai.
4.The Secretary, Kanyakumari District Bar Association, Kanyakumari.
(R3 and R4 are suo-motu impleaded by this Court vide order dated 24.06.2025) Prayer: Criminal Original Petition is filed under 528 of BNSS, to transfer C.C.No.70 of 2023 on the file of the learned Judicial Magistrate-II, Nagercoil to any other Court.
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For Petitioner : No appearance For R1 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For R2 : Mr.C.T.Perumal For R3 : Mr.Niranjan S.Kumar For R4 : Mr.S.Ananth
ORDER
This Writ Petition is filed to transfer the case in C.C.No.70 of 2023 on the file of the learned Judicial Magistrate-II, Nagercoil to any other Court.
2. The allegations made by the petitioners is that a complaint has been lodged by the second respondent / an Advocate and therefore, the Advocates from Kanyakumari District Bar Association prevented the appearance of any Advocate from the Kanyakumari District Bar Association and also prevented other Advocates from the State to defend the case of the petitioners before the Court. Therefore, the petitioners have filed this petition, seeking transfer the case in C.C.No.70 of 2023 on the file of the learned Judicial Magistrate-II, Nagercoil, to any other Court. 2/7
3. Today, there is no representation for the petitioners. Even in the previous hearing (i.e) on 22.07.2025, there was no representation for the petitioners.
4. This Court has considered the nature of allegations and the Tamil Nadu Bar Council and Kanyakumari District Bar Association were added as respondent Nos.3 and 4, respectively, in this petition, vide order dated 24.06.2025.
5. The learned counsel for the fourth respondent would submit that they have not passed any resolution as projected by the learned counsel for the petitioner.
6. The respondent No.2 has also entered appearance through a counsel and submits that he has not preferred any complaint before the Bar Council and no such resolution has been passed.
7. The learned counsel for the third respondent would submit that they have also verified with the Bar Association of Kanyakumari District and found that there is no such resolution passed preventing the appearance 3/7
of any Advocate in the petitioners' case.
8. Further the learned counsel for the third repondent would submit that in fact, the petitioners have filed a suit as against three persons in O.S.No.16 of 2017 on the file of the I Additional District Munsif Court, Nagercoil. A counsel by name S.Bharath, the second respondent herein, has entered appearance for the defendants in the said suit. The said suit was dismissed on 22.09.2022. Further, the second respondent has lodged a complaint as against the petitioners that these petitioners have criminally intimidated the second respondent on 07.10.2022 not to appear in O.S.No. 16 of 2017. The respondent Police registered a complaint, enquired the same and a final report has also been filed as against the petitioners in C.C.No.70 of 2022 before the learned Judicial Magistrate-II, Nagercoil.
9. The learned counsel for third respondent / the Tamil Nadu Bar Council by referring to the C.C.No.70 of 2022 would submit that the petitioners have represented through a counsel in all the hearings in C.C.No. 70 of 2022. However, now, they made a bald allegation.
10. This court considered the submissions of the respective parties. 4/7
11. The petitioners have filed this application that they have been prevented from contesting / defending the case in C.C.No.70 of 2022 before the learned Judicial Magistrate II, Nagercoil. Therefore, the petitioners have filed this application seeking transfer of the proceedings in C.C.No.70 of 2022 from the file of the learned Judicial Magistrate-II, Nagercoil to some other Magistrate Court.
12. Since the petitioners have made serious allegations against the Bar Association of Kanyakumari District, this Court has taken cognizance of this petition and also granted an interim order, vide order dated 09.07.2025. After obtaining the interim order, it appears that the petitioners have not prosecuted this petition.
13. Considering the submissions made by the learned counsel for the respondent Nos.2 to 4, this petition is closed with a direction to the learned Judicial Magistrate No.II, Nagercoil, to conduct the trial in a fair and unbiased manner. In the event, if the petitioners are prevented from defending their case, it is the responsibility of the learned Judicial 5/7
Magistrate No.II, Nagercoil, to ensure the safety of the petitioners and their counsels, if any.
14. With the above direction, this Criminal Original Petition is closed.
29.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu To 1.The Inspector of Police, Kottar Police Station, Kanyakumari District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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B.PUGALENDHI, J.
Indu 29.07.2025 7/7