1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).No.842 of 2011 And M.P.(MD).No. 1 of 2011 Kamatchi ... Petitioner/Petitioner Vs State rep. by The Inspector of Police P.C. Patti Police Station Theni District ... Respondent/Respondent PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to transfer the case in S.C.No. 150 of 2010, pending trial, on the file of the learned Fast Track Court, Periyakulam, to the learned any other District Sessions Judge. *** For Petitioner : Mr.B.Chandramohan For Respondent : Mr.L.Murugan Government Advocate (Crl. Side) O R D E R This petition has been filed to transfer the case in S.C.No. 150 of 2010, pending trial, on the file of the learned Fast Track Court, Periyakulam, to the learned any other District Sessions Judge. 2. Heard Mr.B.Chandramohan, learned counsel appearing for the petitioner and also Mr.L.Murugan, learned Government Advocate (Criminal side) appearing for the State. 3. The learned counsel appearing for the petitioner would submit in his argument that the petitioner was charge sheeted under Section 302 of IPC in a case pending before the learned Fast Track Court, Periyakulam, in S.C.No. 150 of 2010 and the said case was taken on file by the learned Principal District and Sessions Judge, Theni, on the committal order passed by the learned Judicial Magistrate, Theni, in P.R.C.No. 17 of 2010 on the charge sheet filed in Crime no. 610 of 2009 on the file of the respondent police and the said sessions case was transferred on administrative ground to the learned Fast Track Court, Periyakulam. He would further submit in his argument that the Additional Public Prosecutor, namely, one Gunasekaran, in-charge of Fast Track Court, Periyakulam, is a close relative of the petitioner and the relationship in between the petitioner and the Additional Public Prosecutor was not cordial due to the dispute in respect of the celebration of festival of their ancestral temple. Therefore, he would request the Court that the case may be transferred from the file of the Fast Track Court, Periyakulam to the file of the Principal Sessions Judge, Theni, for disposal. 4. The learned Government Advocate (Crl. Side) would submit in his argument that the case has been already transferred from the file of the learned Principal District and Sessions Judge, Theni, to the file of the https://hcservices.ecourts.gov.in/hcservices/ 2 Fast Track Court, Periyakulam, for disposal on administrative ground and if this Court finds that the case has to be re-transferred to the file of the learned Principal Sessions Judge, Theni, for early disposal, suitable orders may be passed in the facts and circumstances of the case. 5. I have given anxious consideration to the arguments advanced on either side. 6. The only contention raised by the petitioner is that the learned Additional Public Prosecutor, in charge of Fast Track Court, Periyakulam, namely, one Gunasekaran, is a close relative of the petitioner in S.C.No. 150 of 2010. It is not in dispute that the case is transferred to the file of the said Fast Track Court, Periyakulam, for disposal and the same is pending before the said Court and the learned Additional Public Prosecutor, in charge of the said Court is one Gunasekaran. The relationship of the petitioner with the said Additional Public Prosecutor is also not in dispute. If for any reason, the case is permitted to be continued in the said Court and the case is ended in either acquittal or conviction, the relationship or dispute had in between the petitioner and the learned Additional Public Prosecutor should not have been suspected. The celebrity doctrine, namely, Justice shall not only be done, but shall also appear to be done, has to be followed and there should not be any suspicion in the mind of any person while conducting the case before the Court. Therefore, it is better that the case in S.C.No. 150 of 2010, pending on the file of the Fast Track Court, Periyakulam, is ordered to be transferred to the file of the learned Principal Sessions Judge, Theni, for disposal. 7. Accordingly, the case in S.C.No. 150 of 2010, pending on the file of the Fast Track Court, Periyakulam, is transferred to the file of the learned Principal Sessions Judge, Theni. The transferor Court, namely, Fast Track Court, Periyakulam, is directed to duly index the records and send the papers to the learned Principal Sessions Judge, immediately within a period of one week from the date of receipt of a copy of this order and the learned Principal Sessions Judge, Theni, is directed to list the case within a period of week and to complete the trial as expeditiously as possible. 8. With the aforesaid direction, this Petition is ordered. Consequently, connected Miscellaneous Petition is closed. SD/- Deputy Registrar (LA) /True Copy/ Assistant Registrar To 1. THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FAST TRACK COURT, PERIYAKULAM 2. THE PRINCIPAL SESSIONS JUDGE, THENI 3. THE INSPECTOR OF POLICE, PC PATTI POLICE STATION, THENI DISTRICT 4 .The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai +1 CC TO MR. B. CHANDRAMOHAN, ADVOCATE S.R NO. 2681 Crl.O.P.(MD).No.842 of 2011 And M.P.(MD).No. 1 of 2011 vsg/PAM 02.02.2011/6C/2P 24.01.2011 https://hcservices.ecourts.gov.in/hcservices/