DEVENDRA KUMAR SAXENA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) While Transfer Petition (Criminal) No.355 of 2020 is filed by a retired Chief Engineer of the Central Public Works Department, who is arrayed as Accused No.1 in a criminal case in Special CBI Case No.18 of 2012, for transferring the case from the Court of the Special Judge (CBI), Siliguri, Darjeeling, West Bengal, to any court of competent jurisdiction at New Delhi, the 2 nd Transfer Petition (Criminal) No.357 of 2020 is filed by the very same person together with his wife, both of whom are arrayed as the accused in another criminal case in Special (CBI) Case No.41 of 2012, pending on the file of the Special Judge (CBI), Siliguri, Darjeeling, West Bengal, seeking transfer of the same to any court of competent jurisdiction in New Delhi.

(2.) I have heard Shri Rameshwar Singh Malik, learned senior counsel for the petitioners, Mrs. Madhvi Divan, learned Additional Solicitor General for CBI and Shri Rabin Majumdar, learned counsel for Respondent Nos. 2 and 3 in the 1 st Transfer Petition.

(3.) The main ground on which the sole petitioner in the 1 st Transfer Petition, who is also petitioner no.1 in the 2 nd Transfer Petition seeks transfer of both the criminal cases from Darjeeling, to New Delhi, is that he is now aged about 70 years and that he had already suffered a severe paralytic attack and brain stroke. He claims that he is not in a position to move, walk, speak and perform his routine activities, without the help of an attendant.