M.Shamsudheen v. The State of Tamil Nadu, Rep by The Inspector of Police
CRL OP/20636/2026 · 2026-07-29
D Bharatha Chakravarthy
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 58119 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 58119 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP No. 20636 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.O.P.No.20636 of 2026 and Crl.M.P.No.13745 of 2026 M.Shamsudheen ..Petitioner(s) Vs The State of Tamil Nadu, Rep by The Inspector of Police, Thiruvennainallur Police Station, Villupuram District. ..Respondent(s) Prayer: Criminal Original Petition filed under Section 528 of BNSS, to direct the Additional District Judge/Fast Track Court, Villupuram to adjourn the hearing in S.C.No.20 of 2019 till the District Collector passes an order on the petition of the Petitioner dated 21.07.2026 for appointing Mr.Subbarayalu, the same Public Prosecutor for making arguments on behalf of the Prosecution side in S.C.No.20 of 2019. For Petitioner(s): Mr.K.Selvaraj For Respondent(s): Mr.M.Mohamed Riyaz Government Advocate (Criminal side) ORDER This Criminal Original Petition has been filed to direct the Additional District Judge/Fast Track Court, Villupuram to adjourn the hearing in S.C.No.20 of 2019 till the District Collector passes an order on the petition of on the representation of the petitioner dated 21.07.2026. https://www.mhc.tn.gov.in/judis
CRL OP No. 20636 of 2026 __________ Page2 of 4
2. Upon hearing of the learned counsel for the petitioner, the grievance of the petitioner is that all along, one Mr.Subbarayalu, Advocate, who was the then Public Prosecutor, was conducting the case. He was conducting it in a very efficient manner and he only knows the entire aspects of the case. However, due to a change of regime, the Public Prosecutor has now been changed. The petitioner has made a request to continue the said Mr.Subbarayalu, as the Public Prosecutor for his case alone. While this representation is pending, the Court is proceeding with the arguments and completing the case. Therefore, the petitioner requests this Court to direct the Trial Court to await the orders of the District Collector. 3. I heard the arguments advanced by the learned Government Advocate (Criminal Side) for the respondent. 4. In a public Court system, the parties cannot insist on specific individuals; changes in the Public Prosecutor or the Presiding Officer will take place, and they will take up the mantle from the respective stage at which the case stands.
If the petitioner wants to assist the prosecution instead of postponing the case, this Court straight away permits the petitioner to engage the said Mr.Subbarayalu, Advocate, to assist the prosecution, and he will also be entitled to file written arguments on behalf the victim. https://www.mhc.tn.gov.in/judis
CRL OP No. 20636 of 2026 __________ Page3 of 4
5. With the aforesaid permission granted, let the District Collector not pass any further orders on the petition, and let the case be proceed as swiftly as possible. 6. This Criminal Original Petition stands disposed of. Consequently, connected Miscellaneous Petition is closed. 29-07-2026 Neutral Citation: Yes/No jas To 1.The Inspector of Police, Thiruvennainallur Police Station, Villupuram District. 2.The Additional District Judge/Fast Track Court, Villupuram. 3.The Public Prosecutor, Madras High Court. https://www.mhc.tn.gov.in/judis
CRL OP No. 20636 of 2026 __________ Page4 of 4 D.BHARATHA CHAKRAVARTHY, J. jas Crl.O.P.No.20636 of 2026 and Crl.M.P.No.13745 of 2026 29-07-2026 https://www.mhc.tn.gov.in/judis