Ayyappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).No.16627 of 2023 Ayyappan ... Petitioner/2nd Accused Vs.

1.The Inspector of Police, Thiruvidaimaruthur Police, Thanjavur District.

Crime No.374 of 2014.

...1st Respondent/Defacto Complainant 2.Surya @ Suriya Prakash ...2nd Respondent/1st Accused 3.Jegan @ Thamizharasan 4.Anand @ Anandaraman 5.Lali @ Manikandan 6.Umma Habbiba Beevi 7.Shifa Parveen ... Respondent Nos.3 to 7/ Accused Nos.3 to 7 PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to transfer the trial of the case in S.C.No.34 of 2020 pending on the file of the learned Additional District Judge, FTC, Kumbakonam to any other court in accordance with law within the time stipulated by the 1/4

Court.

For Petitioner : Mr.R.Alagumani For R1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side) O R D E R This Criminal Original Petition is filed to transfer the trial of the case in S.C.No.34 of 2020 pending on the file of the learned Additional District Judge, FTC, Kumbakonam to any other court in accordance with law within the time stipulated by the Court.

2. A detailed report is received from the concerned trial court setting out the record of proceedings. An advocate was appearing for all the accused and he suddenly withdrew the memo of appearance on 21.11.2023. Because of that situation, now trial is kept pending. There is no bar resolution debarring any members of the concerned Bar Association to appear on behalf of this petitioner.

3. Already the Advocate appeared for the petitioner and withdrew his memo of appearance and the petitioner has to engage some other Advocate for conducting the trial. There is no question of transfer of trial on the above said grounds. Hence, I find no reason to entertain this 2/4

petition. Hence, this petition deserves to be dismissed and accordingly dismissed. Consequently, connected Miscellaneous Petition is closed. 18.12.2023 NCC :Yes/No Index :Yes/No Internet :Yes/No Indu To 1.The Inspector of Police, Thiruvidaimaruthur Police, Thanjavur District.

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

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G.ILANGOVAN. J.

Indu Crl.O.P.(MD) No.21245 of 2023 18.12.2023 4/4