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2014 DIGILAW 2291 (MAD)

Aayiram v. Inspector of Police, Gangaikondan Police Station, Tirunelveli District

2014-08-01

N.KIRUBAKARAN

body2014
Judgment The first accused is before this Court seeking transfer of the case in P.R.C.No.44 of 2013 and subsequently, committed as in S.C.No.75 of 2014 under Sections 294(b), 307, 324, 506(ii) IPC, on the file of the learned Additional Sessions Judge, Tirunelveli. 2. The de-facto complainant is a friend of one Advocate namely Krishnan. There is a dispute between the petitioner and the said Krishnan, due to which, the petitioner gave a complaint before the Bar Council of Tamil Nadu and after enquiry, the Bar Council of Tamil Nadu warned the said Advocate and let off him. To wreck vengeance against the petitioner, the said Krishnan along with the de-facto complainant, gave a complaint. 3. The said Krishnan, is a practising Advocate, before the Tirunelveli Court. It is also said that the District Court, Tirunelveli Bar Association, passed a resolution asking the members not to enter appearance for the petitioner in that case. Therefore, he may not be in a position to get the legal assistance and cannot face the trial. Therefore, the petitioner is before this Court. 4. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent. 5. No doubt, the de-facto complainant is not an Advocate. He is said to be a friend of the said Krishnan. A resolution is passed by the District Court, Tirunelveli Bar Association, advising the members of the Bar not to appear for the petitioner in the above case. In such situation, the petitioner may not be able to get the legal assistance and he cannot defend himself properly which would amount to violation of principles of natural justice. Interest of justice, requires to transfer the case from Additional Sessions Judge, Tirunelveli to the Principal Sub-Court, Tuticorin and accordingly transferred. 6. With the above direction, the Criminal Original Petition is ordered. Consequently, the connected Miscellaneous petition is closed.