ARUNACHALAM Vs. DURAISAMY ALIAS GOUNDAE GOUNDER

JUDGEMENT

(1.) THE petitioner seeks transfer of the case in S.C. No. 33 of 2010 pending on the file of the learned Principal Sub-Judge/Assistant Sessions Judge, Erode to the learned Assistant Sessions Judge or Additional Sessions Judge, Bhavani or any other competent Court.

(2.) THE petitioner is the defacto complainant in the case. Upon his complaint dated 22.7.2008, a case was registered in Crime No. 311 of 2008 on the file of the 7th respondent for offences under Sections 447, 427, 342, 324 and 506(ii) IPC, subsequently, altered to 147, 148, 447, 307 and 506(ii) IPC. A final report was filed in P.R.C. No. 250 of 2000 on 16.10.2008 before the learned Judicial Magistrate, Bhavani arraying the respondents 1 to 6 herein as accused. THE case was committed to the learned Principal Sessions Court, Erode and subsequently, made over to the learned Principal Sub Judge/Assistant Sessions Judge, Erode in S.C. No. 33 of 2010. THE case is now at the stage of trial. THE petitioner/defacto complainant has moved this Court seeking transfer and his grievance is that the trial Court has not been accommodative towards him. While summons were served upon him on 3.4.2010, when the case stood posted on 5.4.2010, the lower Court upon his representation of inconvenience had posted the case to 6.4.2010 and again on 7.4.2010. Owing thereto, it is represented that he may not be afforded a fair and impartial trial-

(3.) THIS Court is unable to see any prejudice in the action of the lower Court as the same only reflects an urgency to get on with the case before it. In the circumstances, this petition shall stand dismissed. However, this Court is to record its inability to agree with the decision of the Hon'ble Jammu and Kashmir High Court in Ghulam Ahmad Dar v. Manzor Ahmad Dar and Others (supra). In the first place it is not for the Public Prosecutor to permit a witness to move a transfer application. Further, Sections 406 and 407 Cr.P.C dealing with the power of transfer by the Supreme Court and High Court, read as follows: