P CHRISTOPER RAJ Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) This original petition has been filed by the petitioners seeking transfer of a case in C.C.No.277 of 2001 on the file of the learned Judicial Magistrate No.1, Kazhithurai, Kanyakumari District to the file of the learned Judicial Magistrate, No.1, Valliyur in Tirunelveli District.

(2.) As could be seen from the averments made in this petition, certain allegations are made against the Judicial Magistrate, No.1, Kuzhithurai that he issued Non Bailable Warrant against the petitioners. Because of the influence of one Bakthavatchalam, the said Magistrate took action against the sureties also on 6.9.2002 without waiting for recalling of warrant. Hence, there arose an apprehension in the mind of the petitioners that it is not worthwhile to further continue the case in that Court.

(3.) Now, it is brought to the notice of the Court by the prosecution that the Judicial Magistrate, No.1, Kuzhithurai, who was functioning in September, 2002 and against whom the allegations are found in the averments in the petition, has been transferred and new officer has assumed charge. This fact is also admitted by the learned counsel for the petitioners. Under the stated circumstances, this Court is of the view that since the Officer against whom allegations were made has been transferred, nothing survives in the original petition. Hence, this petition is dismissed. Consequently, connected Crl.M.P. is also dismissed.