Shenbagavalli v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.19027 of 2022 Shenbagavalli .. Petitioner/Accused No.2 Vs.

The State of Tamil Nadu, Rep. by the Inspector of Police, Vigilance and Anti-Corruption, Dindigul.

.. Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the Spl.C.C.No.22 of 2014 on the file of the learned Chief Judicial Magistrate, Dindigul and to withdraw the case and to transfer the same to some other competent Court in any other District.

For Petitioners : Mr.V.Sasikumar For Respondent : Mr.S.Ravi Additional Public Prosecutor O RDER This Criminal Original Petition has been filed seeking transfer of Spl.C.C.No.22 of 2014 from the file of the learned Chief Judicial Magistrate, Dindigul to some other Court.

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2.The grievance of the petitioner is that she is a senior citizen and she has already approached this Court by way of Crl.O.P.(MD).No.13940 of 2022, seeking speedy disposal on the ground that she is aged about 68 years. This Court by order dated 03.08.2022, disposed the matter with a direction to the concerned trial Court to take note of the Circular that was issued by the Registry with regard to the trial Court process be under taken in respect of the Senior citizen cases. Now the grievance of the petitioner is that though the witnesses were present on 17.10.2022, for the reasons best known to the concerned Judge, he did not record the evidence.

3.The learned Additional Public Prosecutor submitted that twice a week the concerned Chief Judicial Magistrate is taking the vigilance matter and due to paucity of time, the above said witnesses have not been examined on that date. The reason assigned by the Additional Public Prosecutor is acceptable. There is no reason for the concerned trial Judge to adjourn the matter without examining the witnesses. 4.Considering the fact that the matter is of the year 2014 and the petitioner is aged about 68 years, the learned Chief Judicial Magistrate, 2/4

Dindigul is directed to give priority for disposing the matter. 5.With the above said direction, this Criminal original petition is disposed of.

28.10.2022 Index : Yes/No Internet : Yes/No TM Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Chief Judicial Magistrate, Dindigul.

2.The Inspector of Police, Vigilance and Anti-Corruption, Dindigul.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN. J.

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