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2016 Supreme(Mad) 3153

P.N.PRAKASH
Kumar @ Pullikumar – Appellant
Versus
State represented by the Inspector of Police, Ambattur Police Station – Respondent


Advocates Appeared:
For the Petitioner: Mr. R. Sankarasubbu.
For the Intervener : Mr. S. Ramajayam.
For the Respondent: Mr. C. Emalias, Additional Public Prosecutor.

ORDER :

1. The facts leading to the filing of the present Criminal Original Petition are that one Satish Babu was murdered on 19.09.2010, in connection with which, the respondent police registered a case in Crime No.712 of 2010 and after completing the investigation, filed a final report against 8 accused and the case is now pending trial in S.C. No.320 of 2012 before the III Additional District and Sessions Court, Thiruvallur at Poonamallee. Trial commenced after framing of charges. On 13.08.2014, the prosecution examined Raj @ Vimal Raj-P.W.1, Sridhar-P.W.2, Karthik-P.W.3, Surender-P.W.4 and Udaya Raj @ Udaya-P.W.5 and their cross was deferred on application. On 24.11.2014, the accused have filed the present petition, i.e., Crl.O.P. No.31505 of 2014 for transferring S.C. No.320 of 2012 from the file of the III Additional District and Sessions Court, Thiruvallur at Poonamallee to any other Sessions Court, making allegations against the judicial officer concerned.

2. In the affidavit of Babu (A6) filed in support of the application for transfer, he has stated that the accused had engaged one Jayaraj, a junior lawyer, who did not properly defend their case. He has further stated that




















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