Rajesh Ojha vs Union Of India on 14 October, 2019

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Madras High Court

Rajesh Ojha vs Union Of India on 14 October, 2019

Bench: M.Nirmal Kumar

                                                                               Crl.O.P.No.25209 of 2019

                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                               CORAM

                                                        DATED 14.10.2019

                                     THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR

                                                    Crl.O.P.No.25209 of 2019

                          Rajesh Ojha                                                        .. Petitioner

                                                               Vs
                          Union of India,
                          represented by Inspector of Police
                          Central Bureau of Investigation
                          Anti Corruption Bureau,
                          Chennai.                                                       .. Respondent

                          Prayer: Criminal Original Petition filed under Section 407 of Cr.P.C., to
                          transfer the appeal No.48 of 2010 from the file of VII Additional Sessions
                          Judge Chennai to the file of II Additional Sessions Judge, Chennai for
                          delivering the judgment .


                                         For Petitioner : Mr. Swamisubraanian

                                         For Respondent: Mr.K. Srinivasan
                                                         Spl. Public Prosecutor, CBI Cases



                                                               ORDER

This Criminal Original Petition is filed by A1 in C.C.No.2360 of 2001 on the file of Additional Chief Metropolitan Magistrate, Egmore seeking transfer of Criminal Appeal No.48 of 2010 pending on the file of VII Additional Sessions Judge, Chennai to the file of II Additional Sessions Judge, Chennai in 1/4 http://www.judis.nic.in Crl.O.P.No.25209 of 2019 C.C.No.2360 of 2001.

2. In C.C.No.2360 of 2001, totally there are two accused, out of which, A1 has preferred Crl.A.No.48 of 2010 before the VII Additional Sessions Judge, Chennai and A2-Balakrishnan had filed Crl.A.No.73 of 2010 before the VII Addl. Sessions Judge, Chennai.

3. A2 has preferred Crl.O.P.No.19180 of 2019 before this Court to transfer Crl.A.No.73 of 2010 from the file of VII Addl. Sessions Judge, Chennai to the file of the learned II Additional Sessions Judge, Chennai, wherein, this Court, by its order dated 6.8.2019, had transferred the entire case bundle in Crl.A.No.73 of 2010 from VII Additional Sessions Judge to the file of II Additional Sessions Judge, Chennai. Hence the petitioner co-accused seeks transfer of Crl.A.No.48 of 2010 from the file of VII Additional Sessions Judge to the file of II Additional Sessions Judge, Chennai.

4. It is seen that both Crl.A.No.73 and 48 of 2010 arise out of common judgment in C.C.No.2360 of 2001. In view of the same, it would be appropriate that both the appeals to be heard by the same Judge in order to avoid contradictory views and judgments.

2/4

http://www.judis.nic.in Crl.O.P.No.25209 of 2019

5. In view of the same, Crl.A.No.48 of 2010 pending on the file of VII Additional Sessions Judge, Chennai is transferred to the file of II Additional Sessions Judge, Chennai to be heard along with Crl.A.No.73 of 2010.

14.10.2019 msr Index:Yes/No Internet:Yes/No To The VII Additional Sessions Judge Chennai to the file of II additional Sessions Judge, Chennai 3/4 http://www.judis.nic.in Crl.O.P.No.25209 of 2019 M.NIRMAL KUMAR, J.

msr Crl.O.P.No.25209 of 2019 14.10.2019 4/4 http://www.judis.nic.in

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