Madras High CourtCRL OP(MD)/16536/2022disposed of

Vaithilingam @ Ayyappan v. The Superintendent Of Police

2022-10-10Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.10.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P(MD)No.16536 of 2022 and Crl.M.P(MD).No.11030 of 2022 Vaithilingam @ Ayyappan ... Petitioner Vs 1.The Superintendent of Police, Thanjavur District.

2.The Inspector of Police, Pappanadu Police Station, Thanjavur District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to transfer the Special S.C.No.208 of 2022 in Crime No.278 of 2020, on the file of the First Additional District and Sessions Judge (PCR), Thanjavur to any other neighboring District.

For Petitioner : Mr.R.Anandharaj For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor 1/5

O R D E R

This Criminal Original Petition has been filed to transfer the Special S.C.No.208 of 2022 in Crime No.278 of 2020, on the file of the First Additional District and Sessions Judge (PCR), Thanjavur to any other neighboring District.

2. When the case was came up for hearing on 26.09.2022, this Court directed the Registry to call for the remarks from the learned First Additional District and Sessions Judge(PCR), Thanjavur and directed him not to proceed with the trial. As per the remarks offered by the learned First Additional District and Sessions Judge(PCR), Thanjavur, summons were served on the witness L.W.1 to L.W.4, L.W.6 and L.W.7. On 09.09.2022, all the accused persons appeared before the Court and the above said witnesses were absent, eventhough they received summons. Therefore, warrants have been issued to the above witnesses and the case was posted on 12.09.2022.

3. The learned Additional Public Prosecutor appearing for the Respondent police would submit that the Respondent police have given an 2/5

undertaking that they will guarantee the safety of the witnesses. The Superintendent of Police/first respondent is directed to provide security to all witnesses in this case, till the case is disposed of by the learned First Additional District and Sessions Judge(PCR), Thanjavur. The Inspector of Police, Pappanadu Police Station is directed to extend the protection to the witnesses in the place of their residence also.

4. The learned Principal District and Sessions Judge, Thanjavur has to ensure the safety of the witnesses to depose evidence without any fear in the criminal case within the Court campus.

5. Considering the facts and the circumstances of this case, this Court directs the learned First Additional District and Sessions Judge(PCR), Thanjavur, to dispose of the case in Special S.C.No.208 of 2022 in Crime No.278 of 2022 within a reasonable period of two months from the date of receipt of copy of this order.

With the above directions, this Criminal Original Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed. 10.10.2022 Index:Yes/no tta 3/5

To 1.The Superintendent of Police, Thanjavur District.

2.The Inspector of Police, Pappanadu Police Station, Thanjavur District.

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SATHI KUMAR SUKUMARA KURUP , J.

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