R.Kasthuri v. the State by
Case brief
What is this about?
Petitioner sought case transfer alleging intimidation. Court stayed transfer pending police report on threats, ordered police protection, and directed trial court to conclude trial within eight weeks.
What did the court decide?
Case transferred refused; trial court directed to dispose within 8 weeks; police directed to provide protection to petitioner and her brother during hearings.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.03.2017
CORAM
THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN
Crl.O.P No.20973 of 2010
and
M.P.No.1 of 2010
R.Kasthuri ... Petitioner vs 1.The State by Inspector of Police, J-8, Neelankarai Police Station, Chennai – 41. Crime No.615 of 2005. 2.Rajkiran @ Kalaiselvan ... Respondents
Prayer: Criminal Original Petition filed under Section 407 of Criminal Procedure Code, to withdraw the case in SC.No.177 of 2007 on the file of the Principal Sessions Court at Chengalpattu and transfer the same to any other Court having Jurisdiction at Namakkal or Salem District by allowing the transfer petition.
For Petitioner : Mr.R.Marudhachalamurthy
For Respondents: Mr.B.Ramesh Babu (for R1) Government Advocate (Crl.Side) Mr.S.Ruban (for R2)
Issues for consideration
3 issues framed by the court
Whether to grant transfer of a criminal trial court case due to allegations of threats against witnesses.
Whether to direct the trial court to dispose of the pending case within a specific timeframe.
Whether to direct the police to provide protection to the petitioner and her brother during future hearings.
Parties & counsel
- petitioner
R.Kasthuri
- respondent
The State by Inspector of Police, J-8, Neelankarai Police Station, Chennai
- respondent
Rajkiran @ Kalaiselvan
Coram
Case details
As recorded by the court registry
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