Mani@Sivasubramanian v. The Inspector Of Police

Crl.O.P.(MD).No.12860 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2019

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No.12860 of 2018 and Crl.MP.(MD)No.5849 of 2018 Mani @ Sivasubramanian

...Petitioner/Accused No.4

Vs.

State through the Inspector of Police, Nanguneri Police Station, Tirunelveli District.

Crime No.311 of 2011.

.... Respondent/Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to pass an order to transfer the case in S.C.No.63 of 2013 pending before the IV Additional Sessions Judge, Tirunelveli to any other Sessions Court in Tirunelveli District.

For Petitioner : Mr.R.Venkatesan For Respondent : Mrs.S.Bharathi Government Advocate (Crl.Side)

O R D E R

This petition has been filed to transfer the case in S.C.No.63 of 2013 pending before the learned IV Additional Sessions Judge, Tirunelveli, to any other Sessions Court in Tirunelveli District.

2.The petitioner is arrayed as A4 in S.C.No.63 of 2013. The ground raised by the petitioner for transferring the case is that he apprehends danger at the hands of the accused in the counter case. 3.Per contra, the learned Government Advocate (Crl.Side) would submit that there is a case and case in counter pending for trial on the file of the same Judge and that the apprehension of the petitioner is unfounded. Further, she submitted that no complaint has been given by the petitioner regarding the threat. The case now stands posted for cross-examination of witness on 06.01.2020. Hence, she opposed to allow this petition.

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Crl.O.P.(MD).No.12860 of 2018 4.Considering the above facts and circumstances, this Court does not find any valid reason for transferring the case. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar(CS) dss To 1.The IV Additional Sessions Judge, Tirunelveli 2.The Inspector of Police, Nanguneri Police Station, Tirunelveli District.

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

Crl.O.P.(MD).No.12860 of 2018 and Crl.MP.(MD)No.5849 of 2018 12.12.2019 pm(CO) TR(02.01.2020)2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2