M. PRAKASAM Vs. THE INSPECTOR OF POLICE

JUDGEMENT

(1.) Law Officer should be law knowing person and not political leader knowing person. Law Officer post is not a political post, but, it is a public post with greater responsibility in the administration of justice. Unless appointment of law officers is made fairly based on the merit, ability and integrity, this kind of petition stating political reasons cannot be avoided. The petition has been filed by the accused to transfer S.C.No.63 of 2014 from the file of learned Principal District and Sessions Judge, Trichy to the file of learned Principal and Sessions Judge, Pudukottai.

(2.) Heard Mr.Veerakathiravan, learned counsel appearing for the petitioner, Mr.Palanivelayutham, learned counsel appearing for the Intervenor in M.P.(MD)No.1 of 2014 in Crl.O.P.(MD)No.15945 of 2014 and Mr.A.P.Balasubramaniam, learned Government Advocate (Crl.Side).

(3.) It is the case of the prosecution that on 13.12.2013, the victim was attacked by the accused and others and he was admitted in the hospital, where he died. Originally, a case has been registered under Sections 294(b), 341, 307 of I.P.C. After investigation, final report has been filed against the petitioner and others under Sections 341,302 of I.P.C. read with Section 34 of I.P.C. Originally, the case was filed in P.R.C.No.2 of 2014 on the file of the learned Judicial Magistrate, Musiri and subsequently the same was committed to the Principal District and Sessions Court, Tiruchirapalli in S.C.No.63 of 2014. There are four accused and the petitioner in the above Criminal Original Petition has been arrayed as A1. The Sessions case is sought to be transferred from Principal Sessions Court,Trichy to District Court, Pudukottai to some other District Court by the petitioner/accused stating that the sons of the defacto complainant/victim, namely Jayaraman and Ravikumar, who are arrayed as LW1 and LW2, are politically influential persons and they are having money and muscle power. The aforesaid LW1 and LW2 and the Public Prosecutor of Principal District and Session Court Trichy have got close association and therefore, the petitioner apprehends that he may not get justice, if the case is conducted by the learned Public Prosecutor, who has been appointed by the ruling Party. Hence, he seeks transfer of the case.