VIJAY DHANDAPANI Vs. SREEJA RAVI

JUDGEMENT

(1.) THESE criminal original petitions have been filed under Section 407 Cr.P.C to withdraw and transfer the cases in S.T.C.Nos.2865, 2867, 2866 and 2868/2007 from the file of the learned XII Judge, Small Causes Court (Special Magistrate) to the file of any other court in Chennai competent to try the cases. The accused in all the four STCs is the petitioner in these criminal OPs. He has pleaded for transfer of the cases from the present trial court to any other court on the ground that he was not given reasonable opportunity to defend himself in the criminal cases pending against him and that the Presiding Officer of the trial court expressed her decision in the open court to convict him.

(2.) MR.S.Rayhan, learned counsel for the petitioner submitted that when the matter was taken up for continuation of trial by the trial court, the petitioner filed petitions under Section 91 of Cr.P.C to direct the respondent/complainant to produce three documents which were considered to be vital for the defence case of the petitioner herein/accused and a petition under Section 311 Cr.P.C for recalling PW-1 to cross-examine him relating to those documents regarding the production of which petitions under Section 91 of the Cr.P.C were filed that such petitions were filed separately in all the above said STCs that the learned XII Judge, Small Causes Court (Special Magistrate) dismissed all those petitions, pursuant to which the petitioner in all the criminal Ops/accused in all the above said STCs filed copy applications to get certified copies of the orders for filing necessary revision before the High Court that the learned XII Judge of Small Causes Court(Special Magistrate), who initially adjourned the case to a couple of hearings so as to enable the petitioner/accused to get the certified copies and file necessary revision before the High Court, at last refused to grant any more adjournment and dismissed the petitions filed by him in all the above said STCs on 17.06.2009 that before dismissing the said petitions filed under Section 309 Cr.P.C, the trial judge openly declared her intention to convict the petitioner/accused and that hence the petitioner/accused was constrained to approach this court stating that he lost his faith in the trial court.

(3.) THIS court carefully considered the submissions made on either side and also perused the materials available on record including the petition, affidavits and documents produced in the form of typed set of papers and also the remarks received from the trial court.