The petitioners/Accused Nos. 1 to 10 have filed the above Criminal Original Petition to set aside the order passed by the Learned principal Sessions Judge at Chennai in Transfer Criminal Miscellaneous Petition No. 4933 of 2007 on 02.07.2007 and transfer the case in C.C.No. 7896 of 2006 pending on the file of the Additional Chief Metropolitan Magistrate, Egmore, Chennai to any of the Metropolitan Magistrate Court either at George Town or at Saidapet.
2. An order was passed by the learned Sessions Judge in Transfer Criminal Miscellaneous Petition No.4933 of 2007 dated 02.07.2007 wherein the Learned Judge has discussed about the contents of the complaint. The complaint disclosed that one Tamilselvi, lodged a complaint before the Additional Chief Metropolitan Magistrate Court, Egmore in C.C.No.7896 of 2006. The complainant and the accused persons are involved in some family disputes. The 2nd petitioner, a co-accused has also given a complaint against the defacto complainant. One more case is also pending before the Additional Family Court, Chennai.
3. One practising Advocate, who is a close relative of the defacto complainant interfered in this case and informed that he would settle the matter amicably. He further instigated the defacto complainant to threaten the petitioners and is thereby creating some law and order problems in the precinct of the Court, when the petitioners are complying with the Court conditions. On 13.02.2007, the 2nd petitioner has been summoned to appear before the Court concerned in respect of Crime No. 2007 of 2005 given by the father-in-law of the defacto complainant and on that day, the petitioners have been threatened and were tried to be manhandled by the barbaric activities of the relatives of the defacto complainant and some of the Advocates of Egmore instigated by the Advocate who is a member of Egmore Advocate Bar Association. Many times, the petitioners have faced untoward incidents created by the defacto complainant on the instigation of the Advocate, who is a close relative of them and some members of the Bar Association, Chennai and the petitioners have presumption for attending a fair trial before the Egmore Court Campus and there will be every chance to interrupt natural Justice. Apart from that, since the petitioners were granted anticipatory bail and were not arrested the defacto complainant and her relative counsel have stated that they will create some law and order problem within the precincts of Egmore Court Campus and by using influence of some Egmore Advocates, the petitioners would be arrested. Hence the petitioners filed the Transfer Petition.
4. In the said case, the Learned Judge's remarks were called for and the same was received. In the arguments of the Learned Public Prosecutor, it is stated that there is no iota of truth and the petitioners have not shown prima facie case for ordering of Transfer of the case. After considering this, the learned Judge had pointed out that there is no allegation against the Judicial Officer of the said Court. Regarding, the petitioners allegation, no complaint has been lodged for the same before the Court. The learned Magistrate has also expressed that no such untoward incident would happen before the Court. Therefore, the Learned Judge decided the case against the petitioners and dismissed the petition.
5. The petitioners have challenged the order of the Learned Sessions Judge, Chennai. In support of their case, the petitioner/2nd accused filed an affidavit. In this affidavit, he has not pointed out any error of the Learned Principal Sessions Judge, Chennai.
6. Considering the facts and circumstances of the case and arguments advanced, the Court is of the view that the allegation against the defacto complainant and her close relative Advocate and supporting Advocates are that all the alleged incidents have been created by them. But actually there was no proof that these incidents happened in the Court complex. Mere allegations cannot be entertained. Hence, this Court confirms the order of the learned Principal Sessions Judge passed in Criminal Miscellaneous Petition No.4933 of 2007.
7. Therefore, the Criminal Original Petition No.23704 of 2007 is dismissed. Consequently, the connected Miscellaneous Petition is closed.
mps/mra To
1. The Sub-Inspector of Police, Central Crime branch, Egmore, Chennai 600 008.
2.The Public Prosecutor, High Court, Madras 104