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2023 Supreme(Ker) 415

RAJA VIJAYARAGHAVAN V.
Naisam – Appellant
Versus
Station House Officer, Alappuzha Police Station – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sunny Mathew, Nikitta Tressy George
For the Respondent: Sri. Sruthy N Bhat, Sri.Gracious Kuriakose, Sri.P.Vijayabhanu, Sri.Vipin Narayan, Sr. PP

ORDER :

This petition is filed under Section 407 of the Code of Criminal Procedure, 1973 (“the Code” for the sake of brevity) with a prayer to transfer S.C.No. 461/2022 from the file of the Court of the Additional Sessions Judge - I, Mavelikkara to any other court in the State.

2. The grievance of the petitioner is that they reasonably apprehend that they will not get a fair trial if the Court of the Additional Sessions Judge - I, where the case is presently pending, is permitted to proceed with the case.

3. The contentions of the petitioners are as under :

The petitioners are the accused Nos. 1 to 15 in S.C.No. 461/2022 on the file of the Additional Sessions Judge, Mavelikkara. They are accused of having committed the murder of Adv. Renjith Sreenivasan, a practicing lawyer at Alappuzha. They face indictment for having committed offences punishable under Section 120B, 143, 147, 148, and 302 r/w. Section 149 of the IPC.

4. The circumstances highlighted by the petitioners to seek transfer of the proceedings are as under:

    a) Though the case was posted for trial on 1.3.2023, certain prosecution records were not furnished to the accused, which include clone copies of CCTV footage, forensic re

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