Madras High CourtCRL OP/1502/2019disposed of

Renuka.T v. Sanjay Baba

2019-02-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 28.02.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 1502 of 2019 and Crl.M.P. 966 of 2019 T.Renuka .. Petitioner Vs 1.Sanjay Baba 2.Mohammed Imran Mansoori 3.Akil Ahamed 4.Nanthakumar 5.Bright Fernando 6.D.Pio .. Respondents (Respondents 2 to 6 are impleaded as per order dated 28.02.2019 in Crl.M.P.No.2871 of 2019 in Crl.Op.1502/14) Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to withdraw and transfer C.C.No.40 of 2014 on the file of the EC and NDPS Act cases, Coimbatore which is being held additional in-charge by the respondent who is III Additional District Court, Coimbatore to any other Court within the jurisdiction of this Court.

For Petitioner : Miss.Renuka.T, Party-in-person For Respondents : Mr.M.S.Charles 2 to 6

O R D E R

This Criminal Original Petition has been filed seeking for transfer of C.C.No.40 of 2014 on the file of the EC and NDPS Act cases, Coimbatore to any other Court within the jurisdiction.

2. The party-in-person submitted that the presiding officer has been transferred and some other presiding officer proceeding the trial in C.C.No.40 of 2014 pending on the file of the Special Court for EC and NDPS Act cases, Coimbatore. Further, she would submit that the witnesses were examined by the earlier Presiding Officer to be recalled for fresh examination. Therefore, the petitioner by giving liberty to file a recall petition under Section 311 of Cr.P.C to recall other prosecution witnesses are already examined by the earlier Presiding Officer. On receipt of the same, the learned Trial Judge is directed to consider the same and pass orders on merits and in accordance with law. Therefore, the transfer of case in C.C.No.40 of 2014 is not required at this stage.

https://hcservices.ecourts.gov.in/hcservices/

3. Considering the facts and circumstances of the case, the Trial Judge is directed to complete the trial process in C.C.No.40 of 2014 within a period of three months from the date of receipt of a copy of this order.

4. With the above observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The Presiding Officer, Special Court for EC and NDPs Act cases, Coimbatore.

2.The Special Prosecutor, High Court, Madras.

+2cc to Mr.M.S.Charles, Advocate sr.no.19879 Crl.O.P.No. 1502 of 2019 and Crl.M.P. 966 of 2019 nr 05/03/2019 https://hcservices.ecourts.gov.in/hcservices/