Supreme Court - Daily Orders
Spurgeon Samuel vs The State Rep.By, Inspector Of Police on 24 March, 2025
Author: Sudhanshu Dhulia
Bench: Sudhanshu Dhulia
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). OF 2025
(Arising out of SLP(Crl.) No(s). 1916/2024)
SPURGEON SAMUEL APPELLANT(S)
VERSUS
THE STATE REP.BY INSPECTOR OF POLICE & ANR. RESPONDENT(S)
O R D E R
Leave granted
2. Heard learned counsel for the parties.
3. The appellant is an accused in a case bearing S.C.No.36/2022 pending before the Additional District Court, Nagercoil, Kanyakumari, Tamil Nadu arising out of P.R.C.No.3/2022 on the file of the Judicial Magistrate Court No.I, Nagercoil, Kanyakumari and is presently facing trial at the said Additional District Court. According to the appellant he is facing a hostile bar inasmuch as the complainant is a practicing lawyer in that Court. He has also annexed the resolution passed by the Bar Association of that Court which has exhorted that none of its members represent the appellant.
4. We are not getting into the merits of such an allegation but since an apprehension has been raised; justified in our prima-facie appreciation of the circumstances, we are of the opinion that in order to meet the ends of justice, the case Signature Not Verified Digitally signed by Nirmala Negi Date: 2025.03.26 must be transferred to the adjacent Sessions Court i.e. 17:15:11 IST Reason: District and Sessions Court at Tirunelveli, Tamil Nadu.
5. We order accordingly.
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6. After the matter is transferred to the said Court, the concerned Court will assign the matter to the Sessions Judge in accordance with law and the matter will be taken up by the concerned Court by giving fresh notice to all the parties upon fixing a date and the aforesaid matter shall proceed before the said Court from the stage it was left at the Additional District Court, Nagercoil, Kanyakumari, Tamil Nadu.
7. We also request the Court concerned to expedite the trial.
8. The present appeal is disposed of in the above terms.
9. All pending applications shall also stand disposed of.
...…..............J. [SUDHANSHU DHULIA] ...................J. [K. VINOD CHANDRAN] New Delhi;
March 24, 2025.
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ITEM NO.44 COURT NO.12 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 1916/2024 [Arising out of impugned final judgment and order dated 07-03-2023 in CRLOP(MD) No. 20259/2022 passed by the High Court of Judicature at Madras at Madurai] SPURGEON SAMUEL PETITIONER(S) VERSUS THE STATE REP.BY INSPECTOR OF POLICE & ANR. RESPONDENT(S) (IA No. 23466/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 23467/2024 - EXEMPTION FROM FILING O.T.K. VINOD CHANDRAN & IA No. 23465/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 24-03-2025 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE K. VINOD CHANDRAN For Petitioner(s) Mr. A Velan, AOR Ms. Navpreet Kaur, Adv.
Mr. Nilay Rai, Adv.
Mr. Prince Singh, Adv.
For Respondent(s) Mr. Sabarish Subramanian, AOR Mr. M. Veeraragavan, Adv.
Mr. K. Lenin Raj, Adv.
Mr. E. Krishnaperumal, Adv. Mr. Vatsalya Vigya, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The present appeal is disposed of in terms of the signed order, which is placed on the file. Pending application(s), if any, shall also stand disposed of. (NIRMALA NEGI) (RENU BALA GAMBHIR) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR