IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.09.2017 CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.19864 of 2017
and Crl.M.P.No.11982 of 2017 P.Thiyagarajan ..Petitioner vs.
The State Rep. by the Deputy Superintendent of Police, Vigilance and Anti Corruption Department, Salem, Salem District.
(Cr.1/AC /94) ..Respondent Prayer :- Criminal Original Petition is filed under Section 482 Cr.P.C., praying to direct the learned Special Judge-cum-Chief Judicial Magistrate, Salem, to complete the trial and dispose the case in S.C.No.44/2001 within the stipulated time limit.
For Petitioner : Mr.E.Kannadasan For Respondent : Mr.R.Ravichandran Government Advocate(Crl.Side) ***** O R D E R This criminal original petition has been filed to direct the learned Special Judge-cum-Chief Judicial Magistrate, Salem, to complete the trial and dispose of the case in S.C.No.44/2001 within time fixed by this Court.
2. The petitioner, who is aged about 80 years, was serving as Project Engineer in the year 1992 and he was found to have indulge in some misconduct and consequently, case has registered against him and several others. Final report has been filed against the petitioner and other accused after investigation and that is pending before the learned Special Judge-cum- Chief Judicial Magistrate, Salem in S.C.No.44 of 2001.
3. The grievance of the petitioner is that though the occurance took place in the year 1994, a final report was filed only in the year 2001 and till date, the trial has not yet commenced. The inordinate delay at every stage has caused great prejudice to him and unless and until, the trial Court is directed to commence and complete the trial, within the stipulated time, he may not be in a position to establish his innocence and get restored his honour.
4. Mr.Ravichandran, the learned Government Advocate (Criminal Side) submits that due to volume of petitions filed by one or another accused, who are involved in this case, the trial could not be commenced and even now, out of 66 accused, some are still absconding, few died and few got discharged. Now, the case in S.C.No.44 of 2001 is posted before the trial Court on 22.09.2017 for framing of charges anf if the accused co-operate for speedy disposal of the trial, there is no difficulty for the prosecution to complete the trial within time fixed by the Court.
5. Recording the above submissions, this criminal original petition is disposed of with the following directions to the trial court:
(i) Charges shall be read over to the accused on 22.09.2017 or the next immediate hearing date and thereafter, proceed with the trial, on day to day basis as far as possible and complete the trial by the end of April 2018 (i.e) 30.04.2018.
(ii) The accused shall not abstain themselves from appearing before the Trial Court and prevent the prosecution from proceeding with the trial. If any accused involve in such dilatory tactics, the time frame fixed by this Court shall not bind the trial Court.
Consequently, connected Miscellaneous Petitions is closed.
20.09.2017
Speaking / Non-speaking order Index : Yes/No Internet : Yes/No cgi/ari To
1. The Special Judge-cum-Chief Judicial Magistrate, Salem.
2. The Deputy Superintendent of Police,Vigilance and Anti Corruption Department, Salem, Salem District.
3. The Government Advocate (Criminal Side), High Court, Madras.
Dr.G.JAYACHANDRAN, J., cgi Crl.O.P.No.19864 of 2017 and Crl.M.P.No.11982 of 2017 20.09.2017