Disposed

Chinnakodi v. the Inspector of Police

Madras HC24 Jul 2015CRL OP(MD)/11448/2015

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court dismissed a petition seeking transfer of a criminal trial from Madurai to Theni for the convenience of counsel, rejecting it as an insufficient ground. A direction to the trial court to ensure fair trial practices was issued.

What did the court decide?

Direction issued to the Maill Court, Madurai to ensure fair trial; petition disposed of without transfer.

Chinnakodi Vs the Inspector of Police — Civil Procedure and Limitation | Madras HC (2015)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 24.07.2015

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CORAM:

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THE HONOURABLE MR.JUSTICE M.M.SUNDRESH

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Crl.O.P.(MD)No.11448 of 2015 and M.P.(MD).Nos.1 & 2 of 2015

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1.Chinnakodi 2.Kamayee 3.Pinnathevar 4.Poongodi ... Petitioners Vs.

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State Rep. by the Inspector of Police, Usilampatti Town Police Station, Madurai District. (Crime No.138 of 2010)

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2.Dharmarasan ... Respondents (R2 impleaded vide order dated 07.07.2015 in MP 3/15 in Crl.OP.No. 11448/15)

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Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, praying to withdraw the case in S.C.No.334/2012 on the file of the Additional Sessions Judge's Court, Mahila Court, Madurai and to transfer the same to Mahila Court, Theni for disposal of the same on merits in accordance with law.

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For Petitioners : Mr.R.Babu Jaganath For Respondent-1 : Mr.K.Anbarasan Government Advocate (Crl. Side)

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ORDER

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Seeking to transfer the case in S.C.No.334/2012 from the file of the Additional Sessions Judge's cum Mahila Court, Madurai to the Additional Sessions cum Mahila Court, Theni, the present petition has been filed.

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Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side)appearing for the first respondent and perused the materials available on record.

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https://hcservices.ecourts.gov.in/hcservices/ 3. The petitioner who are arrayed accused in S.C.No.334 of 2012 being A1 to A4 before the Additional Sessions cum Mahila Court, Madurai have come forward to file this petition. Two

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grounds have been raised by the learned counsel for the petitioner. The first ground is that the senior counsel who is appearing for the petitioner is 80 years old and due to the inconvenience of travelling from Theni to Madurai of the said counsel, this case will have to be transferred. The second submission is that the learned Government Advocate in the court below is harassing the petitioners.

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If the senior counsel is having some inconvenience, it is well open to the petitioner to engage some other counsel. The same cannot be the ground to transfer the case. Insofar as the second submission is concerned there is no material to support the allegations made against the learned Government Advocate in the court below. However, a direction issued to the Additional Sessions cum Mahila Court, Madurai to look into the said aspect and take proper action to see to it that the trial is being conducted in a fair manner.

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Accordingly, this Criminal Original Petition is disposed of with the above direction. Consequently, connected Miscellaneous Petitions are closed.

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Sd/-

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Assistant Registrar (AS)

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/True Copy/

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Sub Assistant Registrar

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The Additional Sessions cum Mahila Court, Madurai.

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The Inspector of Police, Usilampatti Town Police Station, Madurai District.

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

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PJL

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TE/AN-MP/SAR-I 02/09/2015 2P/4C

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Crl.O.P.(MD)No.11448 of 2015 and M.P.(MD).Nos.1 & 2 of 2015 24.07.2015

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https://hcservices.ecourts.gov.in/hcservices/

Chinnakodi v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Chinnakodi v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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