Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M.NIRMAL KUMAR, J
Kavitha – Appellant
Versus
state of Tamil Nadu – Respondent
ORDER :
M.NIRMAL KUMAR, J.
The petitioner/defacto complainant in Crime No.8 of 2024 filed this petition to transfer the investigation in Crime No.8 of 2024 from the file of the 4th respondent to the file of the 3rd respondent based on the petitioner's representation dated 04.07.2024.
2.In the representation, the petitioner narrated about the complaint dated 16.05.2024, based on which a case was registered against one Ramesh. Her primary grievance is that though FIR registered, since the said Ramesh belongs to a dominant community in the area and his brother Sargunam an Advocate, they threatened the petitioner and her family members not to pursue the complaint further and the respondent police not taking any effective action by arresting the accused which further embolden the said Ramesh and his brother Sargunam to continue their threat against the defacto complainant, victim and her family members. Hence, she sent a representation to the Inspector General of Police, Southern region, Superintendent of Police, Deputy Superintendent of Police and Inspector of Police, but no action taken. Hence, the present petition.
3.This Court on 10.01.2025 recorded the following and posted the case on
The court emphasized the necessity of a fair trial free from intimidation, ruling that witness protection is essential for justice under the POCSO Act.
The necessity for ensuring the protection of witnesses and the impossibility of a fair trial in Srinagar due to threats faced by witnesses and the refusal of lawyers to provide legal assistance.
The court established that the apprehension of bias and threats to personal safety are valid grounds for transferring a case to ensure a fair trial, as per Section 407 of the Cr.P.C.
Petition for investigation transfer dismissed as charge sheet filed and trial pending.
Transfer of investigation under S.528 BNSS not warranted post-charge sheet without concrete evidence of deficient probe.
The main legal point established in the judgment is the distinction between transfer of investigation and transfer of a proceeding at the stage of investigation, and the exercise of inherent powers u....
Free and fair trial is sine qua non of Article 21 of Constitution. If criminal trial is not free and fair and if it is biased, judicial fairness and criminal justice system would be at stake, shaking....
Allegations of bias against a judicial officer require substantial proof; mere suspicion is insufficient to justify case transfer under Section 447 of the BNSS.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
