CHITRA Vs. ADDITIONAL DISTRICT SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This petition has been filed to transfer the case in S.C.No.78 of 2016 on the file of the Special Judge for SC and ST Prevention of Atrocities Act (Principal Sessions Judge), Namakkal to the file of the Special Judge under SC ST (Prevention of Atrocities) Act 1989, Salem or any other court.

(2.) The learned counsel for the petitioner submitted that the petitioner is the defacto complainant. He lodged a complaint and the same was registered in Crime No.289 of 2015. Thereafter, the same was transferred to the file of the District Superintendent of Police, CBCID, Namakkal and renumbered as Crime No.2 of 2015. The allegation in the complaint is that the son of the petitioner was murdered due to honour killing as the girl belongs to other community fell in love with the deceased son. Therefore all the accused persons murdered his son mercilessly. The respondent after completing investigation filed charge sheet and the same was taken cognizance in S.C.No.78 of 2016.

(3.) He further submitted that the District Collector, Namakkal District appointed one, Thiru.Karunanidhi as Special Public Prosecutor to conduct the trial. Unfortunately he could not withstand the scheme of accused party who are intimidating the witnesses and one after another due to the slackness of the prosecution. Therefore the witnesses were forced to turn hostile one after another. Material witnesses were also not able to be marked properly. As such the trial was not conducted in a fair manner and the Presiding Officer had also been a silent spectator to the incident happened inside the court campus. Therefore, the petitioner approached this Court for appointment of any other person as Special Public Prosecutor instead of Thiru.Karunanidhi. Thereafter Mr.B.Mohan was appointed as Special Public Prosecutor to conduct the trial. The Special Public Prosecutor filed a petition under Section 311 Cr.P.C. to recall the witnesses who turned hostile and the same was not considered by the trial court. The trial court had no regard for the order passed by the High Court and the fair trial atmosphere was vitiated and as such fair justice was denied to the victim. In this regard, newly appointed Special Public Prosecutor also submitted a detailed representation to the District Collector, Namakkal on 26.01.2019 but to no avail.