Charming S. Wiselin vs R. Augustin

G. Rajasuria, J.—This petition has been filed to transfer the C.C. No. 3 of 2009 pending on the file of the learned Chief Judicial Magistrate, Kanyakumari at Nagercoil to any other competent Court especially to Madurai.

Heard both sides.

The long and short of the relevant facts which are absolutely necessary and germane for the disposal of this petition would run thus:

The Petitioner herein happened to be the accused in C.C. No. 3 of 2009 for the offences punishable under Sections 294(b), 341, 352, 499 and 506(i) I.P.C, instituted by the defacto complainant by filing a private complaint. The Petitioner is working as Sub Inspector of Police. Her grievance is that none of the Advocates of Nagercoil Bar Association are coming forward to defend her in the said criminal case.

As such, the learned Counsel for the Petitioner would implore and entreat that if the said case is allowed to continue in the said Court, then certainly she would not be able to defend her case properly and that would affect her fundamental right.

Whereas the learned Counsel for the first Respondent/complainant would submit that absolutely, there is no truth in the averments made on the side of the Petitioner and that no resolution was passed by the Nagercoil Bar Association so as to deprive the Petitioner from taking legal assistance of a lawyer of her own choice. Further, the learned Counsel for the first Respondent/complainant would ultimately submit that if the case is transferred from the said Court to the Judicial Magistrate, Kuzhithurai, his client would not be having any objection.

The learned Counsel for the Petitioner would submit that within the Nagercoil Sessions Division, the Petitioner would not be able to defend herself and that as such, the Judicial Magistrate, Kuzhithurai, also comes within the Nagercoil Sessions Division and accordingly, he prays for transferring the case to Tirunelveli District.

Considering pro et contra, I am of the view that undoubtedly, the Petitioner faced some bitter experience at the hands of some of the Bar Members of Nagercoil Bar Association when she along with her Advocate from Madurai attended the Chief Judicial Magistrate Court, Kanyakumari at Nagercoil.

Instead of further probing into the matter and providing police aid for the purpose of enabling the Petitioner to appear before the same Court, in the interest of justice, it is better that the case could be transferred to the learned Judicial Magistrate No. I, Kuzhithurai and accordingly, the case in C.C. No. 3 of 2009 on the file of the learned Chief Judicial Magistrate, Kanyakumari at Nagercoil, is transferred to the learned Judicial Magistrate No. I, Kuzhithurai. Thereafter, the learned Judicial Magistrate No. I, Kuzhithurai, is directed to see that no untoward incident takes place while the Petitioner along with her Advocate comes to attend the Court and returns back. The Registry is also directed to mark a copy of this order to the learned Sub Judge, who is in-charge of the premises of the Judicial Magistrate No. I Court, Kuzhithurai, to see that no untoward incident takes place as stated above.

Accordingly, this petition is disposed of. Consequently, the connected Miscellaneous Petitions are closed.