Madras High CourtCRL MP/4829/2021dismissed

V.Sabarathinam v. State By

2021-04-19Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

Crl.O.P.No.7240 of 2022 and Crl.M.P.Nos.4829 and 4820 of 2021 P.VELMURUGAN, J.

Registrar General is directed to call for report from the Trial Courts which are dealing with the corruption cases both DVAC and CBI as to; (a)How many cases are pending before each Court? (b)How many cases are pending without filing charge sheet? (c)In how many cases charge sheet has been filed and not yet taken on file? (d)How many cases are pending without framing charges? (e)How many cases are pending due to abcondance of the accused and pending for NBW?

(f)How many cases are pending trial and when the trial commenced on those cases, what is the present stage?

(g)How many cases are pending for more than a year for examination of furthr witnesses?

(h)Whether each Court has got a separate Public Prosecutor? (i)Whether prosecution is producing witnesses for each hearing during the trial? If they produce, whether Courts are examining the witnesses on the same day itself?

A detailed report shall be filed before this Court within a period of 10 days, from today.

2. On a perusal of the records in Special C.C.No.13 of 2016 on the file of the learned Chief Judicial Magistrate Court, Namakkal, this Court finds that from August 2022, no witness was produced. Hence, the Superintendent of Police is directed to take stringent action against the concerned Investigating Officer for not producing the witnesses for the past four months. Further, the respective Superintendents of Police and Director of CBI are directed to file a report as to, in their Jurisdiction; (a) How many P.C Act Cases are pending with each Court? (b) In how many cases, charge sheet has not been filed and in how many cases, charge sheet has been filed and charge sheet was not taken on file, in how many cases after taking charge sheet, charges have not been framed? (c) In how many cases, the trial has commenced? (d) In how many cases, the trial is pending for more than a year and what is the reason for the pendency?

(e)In how many Courts separate Special Public Prosecutor have been provided, exclusively for trying the corruption cases?

(f)What is the reason for pending cases for a long time duirng the trial? The respective Superintendent of Police and Director of CBI are directed to file a detailed report before this Court within a period of 10 days from today. 16.12.2022 (1⁄2) gd Note: Issue order copy on 16.12.2022.

P.VELMURUGAN, J.

gd Crl.O.P.No.7240 of 2022 and Crl.M.P.Nos.4829 and 4820 of 2021 16.12.2022 (1⁄2)