DHAMAYANTHI Vs. MURUGANANTHAM

JUDGEMENT

(1.) Petition is filed seeking a direction to the learned Principal and District and Sessions Judge, Namakkal to appoint B. Mohan, Senior Advocate, Bhavani, Erode District as a Special Public Prosecutor in SC No. 196/2003.

(2.) The case of the petitioner is that the petitioner is the defacto-complainant in the case and the 1st respondent is an advocate by profession and their marriage was solemnised and a male child was born during the course of this wedlock. The petitioner belongs to S.C Community and the 1st respondent hails from dominant caste and his parents forced him to desert the petitioner and got married one Parimala who is 8th accused in the above said case. On questioning the illegal second marriage, the 1st respondent abused the petitioner by referring caste name and thus committed offence under S.C/S.T Prevention of Atrocities Act 1989. The petitioner filed an application under Section 301 Cr.P.C to appoint some other competent lawyer to prosecute the case. The learned trial judge adjourned the matter to 5.10.2010 for further proceeding and the said adjournment would cause grave prejudice to the petitioner's case. Hence the petitioner filed the above petition seeking for the above relief.

(3.) Heard both sides.