M. SARASWATHI Vs. THE STATE AND ORS.

JUDGEMENT

(1.) THE petitioner herein who is the de -facto complainant as Sub -Registrar, Srivilliputhur, has come forward with this application for transfer of S.T.C. No. 164 of 2015 on the file of the learned Judicial Magistrate No. II, Srivilliputhur, Virudhungar District to any other Judicial Magistrate outside the Virudhunagar District.

(2.) THE learned Counsel appearing for the petitioner submits that while he was working as Sub -Registrar, Srivilliputhur, A1 to A7 went to Sub -Registrar Office, and demanded money for conducting Pattimandram which has been rejected and refused to give money and hence placed the digital board in front of the Sub -Registrar office stating that some of the staffs received bribes. On the basis of that, the petitioner herein gave a complaint and the case has been registered in Crime No. 42 of 2014. After investigation, the charge sheet has been filed which was taken on file in S.T.C. No. 164 of 2015 on the file of the learned Judicial Magistrate No. II, Srivilliputhur. On 27.07.2015, when PW.3 has gone for the Court for deposition and at that time, A3, A6 and A7 have threatened PW3 not to depose against them and immediately PW3 intimated to the superior PW1 and a complaint was forwarded to the respondent police. Since A6 is the Secretary of the Bar Association and A7 is an Advocate, she is having life threat and hence seeks for transfer the case. In support of his contention, he relied upon the decision in the matter of Additional District Judge -cum - Chief Judicial Magistrate, Kanyakumari at Nagercoil, In re. reported in, (2002) M.L.J (Crl) 946 and it was stated that the accused is an Advocate in that Bar and it is the reason for transfer to any other Court and prayed for orders.

(3.) HEARD the learned Counsel appearing for the petitioner and the learned Government Advocate (Criminal side) appearing for the first respondent and the learned Counsel appearing for the respondents 2 to 4.