This petition has been filed to transfer the case in S.C.No.78 of 2016 on the file of the Special Judge for SC & ST Prevention of Atrocities Act (Principal Sessions Judge), Namakkal to the file of the Special Judge under SC ST (Prevention of Atrocities) Act 1989, Salem or any other court.

2. The learned counsel for the petitioner submitted that the petitioner is the defacto complainant. He lodged a complaint and the same was registered in Crime No.289 of 2015. Thereafter, the same was transferred to the file of the District Superintendent of Police, CBCID, Namakkal and renumbered as Crime No.2 of 2015. The allegation in the complaint is that the son of the petitioner was murdered due to honour killing as the girl belongs to other community fell in love with the deceased son. Therefore all the accused persons murdered his son mercilessly. The respondent after completing investigation filed charge sheet and the same was taken cognizance in S.C.No.78 of 2016.

3. He further submitted that the District Collector, Namakkal District appointed one, Thiru.Karunanidhi as Special Public Prosecutor to conduct the trial. Unfortunately he could not withstand the scheme of accused party who are intimidating the witnesses and one after another due to the slackness of the prosecution. Therefore the witnesses were forced to turn hostile one after another. Material witnesses were also not able to be marked properly. As such the trial was not conducted in a fair manner and the Presiding Officer had also been a silent spectator to the incident happened inside the court campus. Therefore, the petitioner approached this Court for appointment of any other person as Special Public Prosecutor instead of Thiru.Karunanidhi. Thereafter Mr.B.Mohan was appointed as Special Public Prosecutor to conduct the trial. The Special Public Prosecutor filed a petition under Section 311 Cr.P.C. to recall the witnesses who turned hostile and the same was not considered by the trial court. The trial court had no regard for the order passed by the High Court and the fair trial atmosphere was vitiated and as such fair justice was denied to the victim. In this regard, newly appointed Special Public Prosecutor also submitted a detailed representation to the District Collector, Namakkal on 26.01.2019 but to no avail.

4. He further submitted that the deceased belonged to SC community and the girl belongs to Konguvellalar Gownder community and as such they have taken away the life of the deceased by the false prestige of dominated caste people. In fact the Assistant of the first accused, who is the leader of the Theeran Chinnamalai Gownder Peravai has taken away the life of the deceased. He further submitted that on the instigation of the petitioner, the first respondent approached the Hon’ble Supreme Court of India challenging the bail granted to the first accused in Crl.A.No.1757 of 2017 and the Hon’ble Supreme Court of India allowed the same and cancelled the bail granted to the first accused, and further ordered that the first accused shall remain in custody as a pre-trial prisoner till such time as he was released by order of a competent court. Further the Hon’ble Supreme Court of India also directed the trial court to complete the trial within a period of 18 months from the date of receipt of copy of the order. Further the time was also extended by four months by an order dated 12.04.2019.

5. He further submitted that in pursuant to the said order, bail granted to the other accused was also cancelled and now all are under the judicial custody. It shows the seriousness of the offences committed by the accused persons and also they threatened all the witnesses and as such if the trial is permitted to be proceeded further it would cause prejudice to the petitioner/defacto complainant and he would not get fair justice from the trial court, since the first accused is having influence with all the persons and he is a capable person to prevent all the witnesses from depos