This Criminal Original Petition has been filed for transferring the criminal case in C.C.No.174 of 2015 pending on the file of the learned Judicial Magistrate Court, Eraniel, Kanyakumari District to learned Judicial Magistrate Court, Valliyoor, Tirunelveli District or any other similar Court in Tirunelveli District.
2.The transfer petition is only on account of the reason that the de- facto complainant, namely, the second respondent is a practising advocate and that the Bar Association of Eranial Court has passed a resolution to the effect that no advocate should appear for the petitioner to defend their case. It is only because, there is no advocate at Eranial to appear for the petitioner, the petitioners state that they were constrained to file this petition for transfer.
3.The learned Counsel appearing for the second respondent submitted that he has no objection for transferring the case to any other Judicial Magistrate at Nagercoil.
4.Having regard to the specific averments made in the petition, this Court is inclined to allow this petition. Accordingly, this Criminal Original Petition is allowed and the criminal proceedings in C.C.No.174 of 2015 pending on the file of the learned Judicial Magistrate, Eranial, Kanyakumari district is withdrawn and transferred to the learned Judicial Magistrate No.I, Nagercoil, Kanyakumari district.
To
1.The Inspector of Police, Sayarpuram Police Station, Thoothukudi District.
2.The Judicial Magistrate No.I, Nagercoil, Kanyakumari district.
3.The Judicial Magistrate, Eranial, Kanyakumari district.
.