The Madras High Court transferred a criminal case to a different magistrate in Padmanabhapuram to ensure a fair trial, removing the accused from the local court where a practicing advocate against him held political sway.
Transfer of C.C.No.152 of 2014 from Judicial Magistrate No.II, Kuzhithurai to Judicial Magistrate, Padmanabhapuram.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.(MD).No.10514 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2019 CORAM:
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
Crl.O.P.(MD).No.10514 of 2017 and Crl.M.P(MD)No.7188 of 2017
Silvestre ... Petitioner/Accused Vs. P.Poulraj ... Respondent/ Complainant
PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to withdraw the case in C.C.No.152 of 2014 on the file of the learned Judicial Magistrate No.II, Kuzhithurai and transfer the same to some other Court in a near district.
For Petitioner : Mr.K.Ashok Kumar Ram For Respondent : Mr.M.P.Sreenivasan
O R D E R
This Criminal Original Petition has been filed seeking transfer of C.C.No.152 of 2014 pending on the file of the learned Judicial Magistrate No.II, Kuzhithurai to the file of any other Court.
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Crl.O.P.(MD).No.10514 of 2017
Assistant Registrar (AD-II)
// True Copy //
Sub Assistant Registrar(CS )
To
+1 CC to Mr.M.R.SREENIVASAN, Advocate (SR-88989[F] dated 24/09/2019 )
Order made in Crl.O.P.(MD).No.10514 of 2017 Dated:20.09.2019
DAS MK (16.10.2019) 2P 4C
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2 issues framed by the court
Whether proceedings in the criminal case should be transferred to another court to ensure a fair trial.
Whether the transfer order granted relief to the accused petitioner.
1 provisions across 1 enactments
Silvestre
P. Poulraj
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
