K. v. Venkatapathi VS State Represented by Addl. Superintendent of Police, CBCID, Chennai
2001-08-30
ASHOK BHAN, S.P.RHARUCHA, Y.K.SABHARWAL
body2001
DigiLaw.ai
ORDER : 1. Permission to file the transfer petition is granted. 2. We have heard the learned Attorney General. He has referred us to the transfer petition and to the application made by the petitioner before the High Court of Madras on 27th August, 2001. We note that the petitioner is an ex-Advocate General of the State of Tamil Nadu and that he is appearing for the prosecution as Special Prosecutor in the appeals, having been appointed by the High Court. We cannot lightly disregard his statement, made on oath before us, that ghat is stated in that application is correct and that the application was orally rejected and the appeals were directed to be proceeded with immediately. The appeals have been going on for the last three days and we are told that learned counsel for the second respondent is still addressing the High Court. 3. If what is stated in the transfer petition is correct, and, in the circumstances, we have no reason, prima facie, to disbelieve it, it is appropriate that notice be issued on the transfer petition, service dasti being permitted, and that the continuance of the hearing of the appeals (being Criminal Appeal Nos. 147, 969 and 972 of 2000 before the High Court of Madras) be stayed. 4. Order accordingly. 5. List after service is complete.