ZEN ASSOCIATES Vs. STATE

JUDGEMENT

(1.) THE petitioners/accused Nos. 1 to 10 have filed the above Criminal Original petition to set aside the order passed by the Learned principal Sessions Judge at Chennai in Transfer Criminal Miscellaneous Petition No. 4933 of 2007 on 02. 07. 2007 and transfer the case in C. C. No. 7896 of 2006 pending on the file of the Additional Chief Metropolitan Magistrate, Egmore, Chennai to any of the metropolitan Magistrate Court either at George Town or at Saidapet.

(2.) AN order was passed by the learned Sessions Judge in Transfer Criminal miscellaneous Petition No. 4933 of 2007 dated 02. 07. 2007 wherein the Learned judge has discussed about the contents of the complaint. The complaint disclosed that one Tamilselvi, lodged a complaint before the Additional Chief Metropolitan magistrate Court, Egmore in C. C. No. 7896 of 2006. The complainant and the accused persons are involved in some family disputes. The 2nd petitioner, a co-accused has also given a complaint against the defacto complainant. One more case is also pending before the Additional Family Court, Chennai.

(3.) ONE practising Advocate, who is a close relative of the defacto complainant interfered in this case and informed that he would settle the matter amicably. He further instigated the defacto complainant to threaten the petitioners and is thereby creating some law and order problems in the precinct of the Court, when the petitioners are complying with the Court conditions. On 13. 02. 2007, the 2nd petitioner has been summoned to appear before the Court concerned in respect of crime No. 2007 of 2005 given by the father-in-law of the defacto complainant and on that day, the petitioners have been threatened and were tried to be manhandled by the barbaric activities of the relatives of the defacto complainant and some of the Advocates of Egmore instigated by the Advocate who is a member of Egmore Advocate Bar Association. Many times, the petitioners have faced untoward incidents created by the defacto complainant on the instigation of the Advocate, who is a close relative of them and some members of the Bar association, Chennai and the petitioners have presumption for attending a fair trial before the Egmore Court Campus and there will be every chance to interrupt natural Justice. Apart from that, since the petitioners were granted anticipatory bail and were not arrested the defacto complainant and her relative counsel have stated that they will create some law and order problem within the precincts of Egmore Court Campus and by using influence of some Egmore advocates, the petitioners would be arrested. Hence the petitioners filed the transfer Petition.