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Madras High CourtCRL OP/9472/2022disposed of

R.Vishwanathan v. State Rep By

2022-04-26Honourable Mr Justice A.D.Jagadish Chandira3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.9472 of 2022 R.Vishwanathan, S/o.Ramasamy

...Petitioner/Accused

Vs The State rep.by, The Inspector of Police, Central Crime Branch, Salem, Salem District.

(Crime.No.17 of 2000).

...Respondent

Prayer: Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, pleased to issue suitable direction to the learned trial court for the speedy disposal of the criminal case in C.C.No.333 of 2003 on the file of the learned Judicial Magistrate Court No.III, Salem to dispose of the above criminal case.

For Petitioner :

Mr.C.Punniakoti For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to issue suitable direction to the learned trial court for the speedy disposal of the criminal case in C.C.No.333 of 2003 on the file of the learned Judicial Magistrate Court No.III, Salem to dispose of the above criminal case.

2. The learned counsel for the petitioner would submit that the petitioner is the accused No.3 in C.C.No.333 of 2003, pending trial on the file of the learned Judicial Magistrate -III, Salem. The allegation against the petitioner and the other accused is that they have entered into a conspiracy and cheated the Government to the tune of Rs.97,17,776/-. Based on the

complaint given by one D.Sugumaran, Assistant Commissioner, Commercial Taxes, Salem, a case in Crime No.17 of 2000, was registered by the respondent against the petitioner and others, for the offences punishable under Sections 468, 471, 409, 420 of I.P.C r/w 120(b) of I.P.C. Subsequently, the respondent, after completion of investigation, has filed the final report in C.C.No.333 of 2003.

3. The learned counsel for the petitioner would submit that despite the case being taken on file in C.C.No.333 of 2003, there is no progress in the trial for the past 19 years and therefore, the present petition has been filed seeking to direct the Trial Judge to complete the trial within a stipulated time.

4. The learned Additional Public Prosecutor for the respondent would submit that the trial is going on and he would further submit that there are totally 77 witnesses and as on today, out of 77 witnesses, 53 witnesses have been examined and the case now stands posted for examination of P.W.54 and P.W.55 on 10.05.2022. He would also submit that the Court is also vacant now.

5. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent and perused the materials available on record.

6. It is seen that the case is pending from the year 2003 and it is submitted by the learned Additional Public Prosecutor that out of 77 witnesses more than 50 witnesses have been examined.

7. In view of the above, a direction is issued to the Trial Judge to complete the trial in C.C.No.333 of 2003 as expeditiously as possible, preferably, within a period of four months from the date of assumption of charge by the presiding officer.

8. Accordingly, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar gsk/rgm

To 1.The Judicial Magistrate Court No.III, Salem.

2.The Inspector of Police, Central Crime Branch, Salem, Salem District.

3.The Public Prosecutor, High Court of Madras.

+1cc to Mr.G.Punniakoti, Advocate SR. No. 28442 Crl.O.P.No.9472 of 2022 VBM (CO) PR (12/05/2022)