Dr.S.R.Mohan Raj, Aged 54 Yrs, v. State Of Tamil Nadu Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 21.03.2017

CORAM

THE HONOURABLE MR.JUSTICE T.MATHIVANAN CRL.O.P.No.5589 of 2017 Dr.S.R.Mohan Raj ... Petitioner - Vs - State of Tamil Nadu represented by The Additional Superintendent of Police Vigilance and Anti-Corruption Wing, Vellore.

...

Respondent Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C. Seeking a direction to the learned Chief Judicial Magistrate(Special Judge), Vellore, to expedite the trial of the criminal case in Spl.C.C.No.18 of 2014.

For Petitioner : Mr.Vimal B.Crimson For Respondent : Mr.E.Raja (Addl. Public Prosecutor (V&AC)

O R D E R

Seeking a direction to the learned Chief Judicial Magistrate (Special Judge), Vellore, this petition is filed by the petitioner to expedite the trial of the criminal case in Spl.C.C.No.18 of 2014.

2. The petitioner has been facing the charges under Sections 7, 12 and 13(2) r/w. 13(1)(d) of Prevention of Corruption Act, 1988 in Spl.C.C.No.18 of 2014 on the file of the learned Chief Judicial Magistrate(Special Judge), Vellore.

3. It is revealed from the records that the First Information Report was registered in the year 2011 and thereafter, the final report was filed in the year 2014, after passing of four years. Subsequently, the case was taken on the

file of the learned Chief Judicial Magistrate(Special Judge), Vellore in Spl.C.C.No.18 of 2014.

4. According to the learned counsel for the petitioner, though 10 witnesses have been listed, there is no progress in the above said case. He has further contended that the petitioner has been attending the court for the past three years and that the respondent had never attempted to produce the witness before the Court. He would further contended that out of 10 witnesses, except L.W.3 others are official witnesses and there might not be any difficulty in examining the witnesses by the respondent. Hence the petitioner has approached this Court with this petition, seeking a direction as aforestated.

5. Heard Mr.Vimal B.Crimson, learned counsel for the petitioner and Mr.E.Raja, learned Additional Public Prosecutor for the respondent and perused the grounds of petition along with the relevant materials available on record.

6. Having regard to the relevant facts and circumstances, this Court finds that a direction as sought for by the petitioner may be issued to the learned Chief Judicial Magistrate(Special Judge), Vellore to expedite the trial of the above said criminal case.

7. Accordingly, this Criminal Original Petition is disposed of and the learned Chief Judicial Magistrate(Special Judge), Vellore is hereby directed to dispose of the criminal case in Spl.C.C.No.18 of 2014 within a specific period of four months from the date of receipt of a copy of this order without loss of further time.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar ssn To

1. The Chief Judicial Magistrate (Special Judge), Vellore,

2. The Additional Superintendent of Police, Vigilance and Anti-Corruption Wing, Vellore.

3. The Public Prosecutor, Madras High Court, Chennai.

+1cc to Vimal B.Crimson,Advocate sr.17451 CRL.O.P.No.5589 of 2017 ss(co) ss(24/3/2017)