SUNDAR Vs. STATE

JUDGEMENT

(1.) THE petitioner has filed the above Criminal Original Petition to transfer the case from the Fast Track Court No. I, Chidambaram, pending trial in S. C. No. 74 of 2004 to any other Sessions Court at Cuddalore.

(2.) THE petitioner/2nd accused has filed an affidavit in support of his Transfer original Petition stating that a murder case was registered against five accused including the petitioner, who is accused No. 2 in the said case. It is alleged that the learned Judge, Fast Track Court No. I, Chidambaram without consent of the petitioner and other accused engaged a counsel on behalf of the accused and started the Trial Proceedings and examined 14 witnesses. The accused requested the Judge to appoint a legal aid counsel to defend the case but the learned judge refused to accept the request of the accused persons. Further, the learned judge threatened the witnesses, while they were giving evidence, before the said court, by stating that if they do not support the prosecution case, the Court would take action against the witnesses.

(3.) FURTHER, it is alleged that the Learned Judge threatened the accused in the open Court saying that the Life Imprisonment is not sufficient for the accused and only the sentence of hanging will be given to the accused. Then only the others will be afraid of the above sentence. Further, the petitioner informed his relative, who is practising in Chennai, about the behaviour of the learned judge. The said Learned Advocate came to Fast Track Court No. I, Chidambaram on 13. 07. 2007 and applied for the Docket Order and Deposition copies filing a memo of appearance on behalf of the petitioner.