1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2011 CORAM: THE HONOURABLE MS.JUSTICE R.MALA Criminal Original Petition(MD) No.10254 of 2011 and M.P(MD)No.1 of 2011 Amudha ..Petitioner -Vs- 1.The State rep.by The Inspector of Police, V.K.Pudur Police Station, Tirunelveli District. 2.The Superintendent of Police, Tirunelveli District, Tirunelveli. ..Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to withdraw the case in S.C.No.302 of 2010 on the file of the First Additional District and Sessions Judge, Tirunelveli and transfer the same to some other competent Court or some other sessions division. For Petitioner :Mr.N.Mohideen Basha For Respondents:Mr.K.V.Rajarajan, Govt.Advocate(Crl.Side) ORDER The petitioners approaches this court with a prayer to withdraw the case in S.C.No.302 of 2010 on the file of the First Additional District and Sessions Judge, Tirunelveli and transfer the same to some other competent Court or some other sessions division. 2.The learned Counsel for the petitioner would submit that the petitioner is the wife of the deceased Sivakumar and she is also an eye-witness and she was cited as LW.1. After the investigation, a charge sheet has been filed, which was taken on file in S.C.No.302 of 2010 on the file of the First Additional District and Sessions Judge, Tirunelveli. He further submits that the petitioner is not having any grievance against the Presiding Officer. Now the Additional Public Prosecutor is appointed, who is junior to the defence counsel. So she apprehends that she will not get justice from the Additional Public Prosecutor who is junior to defence counsel. Hence, she wants to transfer the case to any other Court and also seeks for a direction to dispose of the case within a stipulated time. https://hcservices.ecourts.gov.in/hcservices/ 2 3.The learned Government Advocate(Criminal Side) fairly conceded that the learned Additional Public Prosecutor appearing in that Court is junior of defence counsel. 4.Heard both sides. 5.Considering the rival submissions, it could be seen that the petitioner is the wife of the deceased and also an eye-witness of the murder case and now the learned Additional Public Prosecutor is appointed who is none other than the junior to the defence counsel. It is true that the apprehension in the minds of the petitioner is reasonable. Therefore, to meet the ends of justice, I am inclined to transfer the case in S.C.No.302 of 2010 to the Fast Track Court No.II, Tirunelveli from the First Additional District and Sessions Judge, Tirunelveli. The learned First Additional District and Sessions Judge, Tirunelveli is directed to transfer all the records relating to S.C.No.302 of 2010 to the learned Fast Track Court Judge No.II, Tirunelveli, forthwith. The learned Fast Court Judge No.II, Tirunelveli, is directed to dispose of the case in accordance with law within a period of three months from the date of receipt of the case in S.C.No.302 of 2010. 6.Accordingly, the Criminal Original Petition is disposed of. Consequently, connected Miscellaneous petition is closed. Sd/- Assistant Registrar (C.O.) /True Copy/ Sub Assistant Registrar To 1.The First Additional District and Sessions Judge, Tirunelveli. 2.The Presiding Officer, Fast Track Court No.II, Tirunelveli. 3.The Superintendent of Police, Tirunelveli District, Tirunelveli. 4.The Inspector of Police,V.K.Pudur Police Station,Tirunelveli Dist. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. gsr akm/16.08.11 /2p-7c/ Crl.O.P.(MD)No.10254 of 2011 https://hcservices.ecourts.gov.in/hcservices/