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2010 Supreme(Mad) 3669

C.T.SELVAM
M. Sudalaikannu Pandian – Appellant
Versus
State represented by Inspector of Police (Law and Order) K-10, Koyambedu Police Station, Chennai – Respondent


Advocates Appeared:
For the Petitioner:S. Shunmugavelayutham, Senior counsel for M/s. T. Vijayaraghavan, Advocate.
For the Respondent: I. Paul Nobel Devakumar, GA (Crl.Side).

Judgment :-

1. The petitioners, who are accused 1 and 6 in case pending trial in S.C.No.10 of 2010 seek transfer thereof to any other Court.

2. The ground urged by Mr.S. Shunmugavelayutham, learned Senior counsel for the petitioners is that the lower Court has, upon appearance of the accused on 30.07.2010 before it informed that the accused should be present on all hearing dates failing which, it would ensure the conduct of the case by having them behind bars. On the very next hearing date and that too four days of the questioning viz., 04.08.2010, one of the accused A6, the petitioner in Crl.O.P.No.19201 of 2010, who is from Tirunelveli was unable to attend since he was unwell. A petition under Section 317 Cr.P.C. filed by him came to be dismissed and it is informed that such dismissal came about on the lower Court being informed of transfer petition having been moved by the 1st accused before this Court, whereupon the learned Judge had stated that the case could be conducted before any other Court if proceedings before it were not desired. In these circumstances, learned Senior counsel informs of apprehension of the petitioners that they may not get justice at the hands of the lo





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