SULO C DANIEL Vs. STATE REPRESENTED BY INSPECTOR OF POLICE CENTRAL BUREAU OF INVESTIGATION AND SHASTRI BHAVAN

JUDGEMENT

(1.) The Criminal petition is filed to withdraw and transfer the C.C.No 2 of 2008 pending on the file of the Chief Judicial Magistrate, Coimbatore to any Court in and around Chennai.

(2.) The case of the petitioner is that CBI has filed charge sheet against the petitioner and one Dr. Paulson Yesudian/A1 under Section 120 B r/w 406 IPC and Section 23(1) and 25 r/w. Section 4, 6 and 13 of the Foreign Contribution Regulation Act, 1976. The petitioner filed discharge petition in CMP.No.186 of 2009 in C.C.No. 2008 to discharge her from the charges, the same was dismissed by the learned Chief Judicial Magistrate, Coimbatore on 11.10.2010. Aggrieved against the said order of dismissal, the petitioner preferred Crl.RC.No. 1326 of 2010 before this Court, the said revision was also dismissed by this court by an order dated 06.02.2017. During the pendency of the criminal revision, the trial court issued NBW against the petitioner, against the said order Crl.OP.No. 14037 of 2016 was filed to recall the said warrant. This Court, by an order dated 05.07.2016, pleased to allow the petition and the NBW was recalled and adjourned the case to 20.07.2016. On 20.07.2016, the trail court once again issued NBW against the petitioner in a vindictive manner and with no valid reason. It is further stated that the trial judge is biased in conducting the case and the petitioner is apprehended in getting fair and reasonable justice. The case records relating to the CC.No. 2 of 2008 along with 12 files and 3 books were sent to this Court and the trial judge ought not to have proceed with the further proceedings of the case.

(3.) It is further stated that the petitioner settled at Chennai and the other accused are not residing at Coimbatore. Furthermore, the registered office of "Reach in the Nilgiris", the Society where the alleged offence took place is at Tambaram. The contributions received through the Bank is also at Tambaram and 7 out of 16 prosecution witnesses are also residing at Chennai, hence, there is a valid reason for transferring the CC.No.2 of 2008 on the file of the Chief Judicial Magistrate, Coimbatore.