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2022 Supreme(Ker) 650

ZIYAD RAHMAN A. A.
....., Mrs. "." – Appellant
Versus
State of Kerala, Rep. by The Public Prosecutor, High Court of Kerala, Ernakulam – Respondent


Advocates Appeared:
For the Petitioner: P. Sanjay, A. Parvathi Menon, Biju Meenattoor, Paul Varghese (Pallath), P.A. Mohammed Aslam, Kiran Narayanan, Prasoon Sunny, Rahul Raj P., Amrutha M. Nair, R.K. Asha.
For the Respondents:Sri. T.A. Shaji, Senior Advocate and Director General of Prosecution, Sri. P. Narayanan, Senior G.P. and Addl.PP, Sri. Sajju S., Senior G.P., Pratheeksh Kurup V.V., N.S. Sandhya, Alex Joseph, Aswathi Suresh, Nisha K. Peter, Krishnadas P. Nair, K.L. Sreekala, Haridas P. Nair, M.A. Vinod, Biju Viswanath, Shinto Thomas, Anu Prabhakar, Aswathy Arjunan, A. Mohammed, T.R.S. Kumar, Deepa R. Menon, Phijo Pradeesh Philip, P.V. Anoop, Senior Advocate B. Raman Pillai, Philip T. Varghese, Sujesh Menon V.B., Thomas T. Varghese, Achu Subha Abraham, V.T. Litha, K.R. Monisha, Nitya R.

ORDER :

The petitioner is the victim of Crime No. 297/2017 of Nedumbasserry Police Station, which is now pending before the Principal Session Court, Ernakulam, as S.C.No.118 of 2018, after having been transferred to the said court from the Court of Additional Special Session Judge (SPE/CBI)-III, Ernakulam. This transfer petition is filed by the petitioner, praying for an order to transfer the said case from the said court to any other Sessions Court having jurisdiction to try the same. The ground on which such transfer is sought is the personal bias of the learned judge presiding over the said court. The facts which led to the filing of the transfer petitioner are as follows;

The petitioner is a film actor with a good reputation. On 17.12.2017, the petitioner was subjected to sexual assaults in a moving vehicle and such sexual assaults were recorded by the culprits. Based on this incident, Crime 297/2017 was registered by the Nedumbasserry Police. After completing the investigation, a final report was submitted by the Police on 18.05.2017 against seven accused persons. The aforesaid final report was submitted based on an investigation conducted by a Special Team constituted for the s

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