Santha v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.01.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.Nos.955 and 956 of 2019 Santha ... Petitioner in both Crl.O.Ps.

Vs.

The Inspector of Police, Vigilance and Anti Corruption Department, Vellore District, Vellore.

... Respondent in both Crl.O.Ps.

Common Prayer:

Petitions filed under Section 482 of Cr.P.C., praying to order for early disposal of V.A.C.Nos.48 and 49 of 2014 respectively, on the file of the Special Judge for P.C. Act Cases, Villupuram, within a time frame.

For Petitioner : Mr.K.S.Ilangovan For Respondent : Mr.B.Arulmozhimaran Government Advocate C O M M O N O R D E R The petitioner has filed these petitions praying to order for early disposal of V.A.C.Nos.48 and 49 of 2014 respectively, on the file of the learned Special Judge for P.C. Act Cases, Villupuram, within a time frame. 2.The petitioner is the second accused in Crime No.2/AC/2001/CL under Sections 420 r/w 109 of IPC and r/w 13 (2) r/w 13 (1)(d) of Prevention of Corruption Act, 1988. The first accused is an employee of the Tindivanam Municipality. The petitioner/ second accused is the Extension Officer of Social Welfare, Vanur Panchayat Union, Villupuram and the third accused is the Village Administrative Officer, Chettikuppam, Tindivanam Taluk. 3.On 03.10.

1997, A1 with a dishonest intention to defraud and cheat the Government applied for the grant of marriage assistance of Rs.10,000/- under the Tamil Nadu Government "Moovalur Ramamirtha Ammaiyar Ninaivu Thirumana Udavi Thittam" in favour of his sister Kalyani who is not eligible to get such a grant.

eligibility of the applicant and recommending the said application stating that none of the members of the family of the applicant are employed in Government Service. Thereby, the petitioner was implicated in the case. 4.Though the final report was filed as early as in the year 2004, even today, the case in V.A.C.Nos.48 and 49 of 2014 is not yet over. Aggrieved by the long pendancy of the cases, the petitioner has filed these petitions under Section 482 of Cr.P.C. seeking early disposal of the case in V.A.C.Nos.48 and 49 of 2014.

5.The learned counsel appearing for the petitioner would submit that though the final report was filed as early as in the year 2004, the case was assigned V.A.C.Nos. only in the year 2014 and even today, they have not been disposed of. Hence, he prays that this Court may issue appropriate direction to the Trial Court for early disposal of the above said cases.

6.The learned Government Advocate, on instructions, would submit that out of the 124 witnesses, 90 witnesses have been examined and 34 witnesses are yet to be examined. However, this Court may fix an outer limit of five months from the date of receipt of a copy of this order to complete the trial.

7.Considering the long pendancy of the cases, this Court directs the Trial Court i.e., Special Court for Prevention of Corruption Act Cases, Villupuram, to complete the trial in V.A.C.Nos.48 and 49 of 2014 and dispose of the same, within a period of five months from the date of receipt of a copy of this order.

8.With the above direction, these criminal original petitions are closed.

Sd/- Assistant Registrar(Co) //True Copy// Sub Assistant Registrar pri To 1.The Special Judge for Prevention of Corruption Act Cases, Villupuram.

2.The Inspector of Police, Vigilance and Anti Corruption Department, Vellore District, Vellore.

3.The Public Prosecutor, High Court of Madras, Chennai 600 104.

Crl.O.P.Nos.955 and 956 of 2019 A.SK(12/02/2019)