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Madras High CourtCRL OP(MD)/10718/2017disposed of

Al Ameen v. L. Jaden Soney

2019-09-20Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH and Crl.M.P(MD)Nos.7357 of 2017 1.Al Ameen 2.Apdul Azeez 3.Senbagarajan 4.Salim 5.Ripai ... Petitioners/Accused Vs.

1.L.Jaden Soney 2.Lasar 3.Renganathan ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in C.C.No.93 of 2017 on the file of Judicial Magistrate No.I, Kulithurai and transfer the same to any other Court in outside of Kanyakumari District. For Petitioners : Mr.M.Mahaboop Athiff for M/s.Ajmal Associates For Respondents : Mr.S.C.Herold Singh

O R D E R

This Criminal Original Petition has been filed seeking transfer of C.C.No.93 of 2017, pending on the file of the learned Judicial Magistrate No-I, Kuzhithurai to the file of any other Court.

2. The petitioners are accused in C.C.No.93 of 2017. The allegations made in the affidavit shows that the petitioners are running a restaurant at Kaliyakkavilai. The first respondent and his friends visited the petitioners' restaurant and at that time, the first respondent and his friends attempted to consume liquor, brought from outside. When the same was questioned by the petitioners, the first respondent and his friends scolded them 1/3

with filthy language and also attacked the petitioners. Therefore, the petitioners lodged a complaint before the Kaliyakkavilai Police Station and the same was registered in Crime No.383 of 2012. Thereafter, the first respondent also lodged a complaint against the petitioner stating that when he visited the petitioner's restaurant, for having food, the food was not cooked properly. The same was questioned by the respondent herein, the petitioners herein attacked him and caused injuries. Therefore, the respondent herein filed a private complaint before the learned Judicial Magistrate No.I, Kulithurai.

3. When the petitioners wanted to engage a counsel to appear for them before the Court below, they found that the first respondent is a practicing Advocate at Nagercoil and Kulithurai and due to his pressure, a resolution has been passed in the Advocate Bar Association at Nagercoil to the effect that, no advocate will appear for the petitioners in the criminal case. Therefore, the petitioners left with no other option, has approached this Court seeking for transfer of the proceedings.

4. Heard the learned counsel for the petitioners and the learned counsel appearing for the respondents.

5. Taking into consideration the facts and circumstances of the case and in order to ensure fair trial to the petitioners, this Court is satisfied that the proceedings will have to be transferred to some other Court. The proceedings in C.C.No.93 of 2017 pending on the file of the learned Judicial Magistrate No.I , Kuzhithurai is withdrawn and transferred to the file of learned Judicial Magistrate, Padmanabhapuram. The learned Judicial Magistrate No.I, Kuzhithurai shall send the entire case records within a period of two(02) weeks from the date of receipt of a copy of this order to the learned Judicial Magistrate, Padmanabhapuram. The learned Judicial Magistrate, Padmanabhapuram shall immediately on receipt of the case records renumber the case and shall proceed further in accordance with law and complete the proceedings within a period of three months thereafter.

6. Accordingly, the Criminal Original Petition is disposed of with the above directions. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (P&A) // True Copy // Sub Assistant Registrar(CS) 2/3

das To 1.The Judicial Magistrate No.I, Kulithurai.

2.The Judicial Magistrate, Padmanabhapuram.

Order made in and Crl.M.P(MD)Nos.7357 of 2017 Dated:

20.09.2019 KM/(21.10.2019) 3P 3C 3/3