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Madras High CourtCRL OP/6485/2015disposed of

P.Rajendran v. State Rep By

2015-03-18Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2015

CORAM

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.6485 of 2015 P.Rajendran .. Petitioner/accused -VsState by Inspector of Police V and AC Coimbatore District.

.. Respondent PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure to direct the learned Special Judge for cases under the Prevention of Corruption Act, Coimbatore to expedite the trial in Spl.C.C.No.19 of 2012 and dispose of the same within a stipulated time as may be fixed by this Court.

For Petitioner : Mr.C.Veeraraghavan For Respondent : Mrs.M.F.Shabana Govt. Advocate (Crl.side)

O R D E R

The petitioner has come forward with this petition for direction to the learned Special Judge for cases under the Prevention of Corruption Act, Coimbatore to dispose of the case in Spl.C.C.No.19 of 2012 within the time stipulated by this Court. 2.The learned counsel for the petitioner submitted that the trap proceedings was initiated on 28.04.2011 and investigation has already been over and charge sheet was filed, which was taken on file as Spl.C.C.No.19 of 2012. P.W.1/sanctioning authority was examined on 24.07.2013 and the defacto complainant was examined as P.W.2, but other witnesses were not examined. As per the charge sheet, there are 14 witnesses. Since the petitioner is formerly working as Superintendent, T.N.H.B., Coimbatore and due to this case, he is having stigma in the society. Hence, he prayed for early disposal of the case in Spl.C.C.No.19 of 2012.

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3.Learned Government Advocate (Crl.side) submits that P.W.1 and P.W.2 were examined and the case in Spl.C.C.No.19 of 2012 is posted for further witnesses on 23.03.2015.

4.Heard the learned counsel for the petitioner and learned Government Advocate (Crl.side).

5.Considering the aforestated circumstances of the case, since the matter is pending for the past three years, the petitioner is facing criminal case under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, P.W.1 was examined on 24.07.2013 and P.W.2/defacto complainant was examined, it is a fit case for giving direction to the Trial Court for early disposal. Accordingly, the learned Special Judge for cases under the Prevention of Corruption Act, Coimbatore is directed to dispose of the case in Spl.C.C.No.19 of 2012 within a period of three months from the date of receipt of a copy of this order on day to day basis. The respondent is directed to produce the witnesses whenever the Court directs.

6.With the above direction, the Criminal Original Petition is disposed of.

kj s/d- Assistant Registrar(CS-III) Dt:

True Copy Sub-Assistant Registrar To

1. Inspector of Police V and AC Coimbatore District.

2. The Special Court for cases under the Prevention of Corruption Act Coimbatore.

3. The Public Prosecutor High Court, Madras.

4. The Record keeper High Court, Madras.

+ 1 cc to M/s.C.Veeraraghavan, Advocate SR 15035 nm(co) prk30/3 Crl.O.P.No.6485 of 2015 https://hcservices.ecourts.gov.in/hcservices/