S RAMESH AND ORS Vs. STATE AND ORS

JUDGEMENT

(1.) The petitioners herein seek a direction for transfer of case pending in C.C.No. 58 of 2012 on the file of the Judicial Magistrate,Melur, Madurai district to another competent court outside the district.

(2.) The petitioners are brother and sister. They and the husband of the second petitioner face prosecution for offences under sections 294(b),323,427,447 and 506(ii) IPC. On the complaint of one J.Adel who was the Operations and Marketing manager of the Meenakshi Mission Hospital, the case in crime number 16/2012 on the file of the first respondent came to be registered for offences under sections 147,294(b),323,427,447 and 506(ii) IPC. The defacto complainant is the second respondent and in his complaint he informed that on 13.01.2012, at about 3.00 P.M, he, holding a Sony handicam worth Rs.10,000/-, was discussing official matters with the secretary. The three accused barged into the secretary's room and abused the two. The first accused plucked the handy cam, threw it down, broke and took away the hard disk and in the process physically assaulted and caused the second respondent injury. All three accused asked both the defacto complainant and the secretary to leave the hospital, threatening to do away with them otherwise.

(3.) To explain the backdrop it would be appropriate to reproduce the following from the order in Crl.O.P.No.18351/2012, a petition moved by the petitioners seeking quash of proceedings in the very same case. 5. The following facts emerge on a perusal of the typed set of documents filed by the petitioners as well as the second respondent and also the counter affidavit filed by the second respondent: