HC shifts case against inspector to another court, refuses to quash

Chennai

Observing that every accused, however bad, is entitled to a fair trialand he has to be defended by an advocate of his choice, the Madras HighCourt on refusing to quash the charges against a police inspector andfive others for the attack on an advocate at the Ulundurpet policestation had allowed the transfer of the case to another court based onapprehensions raised that the accused may not get a fair trial.

As per the case, Ulundurpet police arrested Saran Raj, an advocate, on June 30, 2015. But, despite the Magistrate remanding Saran Raj to judicial custody, Palani (A1) who was the Inspector of Police, Ulundurpet station, took him to the police station and thrashed him. A complaint was registered against Palani and five others and the present plea was moved by the inspector.

Justice PN Prakash dismissed the plea after holding that a perusal of the final report and the statements of the witnesses recorded by the police reveals that there are prima facie materials for the trial to proceed.

However, on accounting for the submission by Palani’s counsel that Saran Raj is a practising advocate in Villupuram, Justice Prakash directed the Judicial Magistrate No.I, Ulundurpet, to transfer the case records to the Court of the Judicial Magistrate No.I, Tiruchy, within four weeks