V.Balakrishnan v. Deputy Suptd Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2015

CORAM

THE HONOURABLE MR.JUSTICE A.SELVAM Crl.OP No.9553 of 2011 & M.P.No.1 of 2011 V.Balakrishnan

...Petitioner

Vs State rep. by:

Deputy Superintendent of Police, Special Police Establishment Anti Corruption Branch Central Bureau of Investigation Chennai R.C.No.10 & 11(a)/1994

...Respondent

Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the entire records from the Hon'ble XI Additional Special Judge for CBI Cases, Chennai 104 in C.C.No.26 of 2005 and quash the same.

For Petitioner :

Mr.A.V.Somasundaram for M/s.Lakshmipriya Associates For Respondent :

Mr.K.Srinivasan, Special Public Prosecutor

ORDER

This Criminal Original Petition has been filed under section 482 of the Code of Criminal Procedure, 1973 praying to call for the records relating to C.C.No.26 of 2005 pending on the file of XI Additional Special Judge for CBI Cases, Chennai and quash the same.

2. It is stated in the petition that the petitioner has been arrayed as first accused in C.C.No.26 of 2005. Further it is stated in the petition that the petitioner is nothing but a Bank Manager and he has no connection whatsoever with the alleged

offence punishable under section 120(b) r/w 420 of Indian Penal Code and also under section 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988. Under the said circumstances, present petition has been filed for getting the relief sought for therein.

3. The learned counsel appearing for the petitioner has contended that at the time of admission in the present Criminal Original Petition, stay has been granted for some period and subsequently in C.C.No.26 of 2005, all relevant witnesses have been examined except Investigating Officer.

4. Considering the stage of trial in C.C.No.26 of 2005, this Court is of the view to give the following direction to the court below.

5.The trial court (XI Additional Special Judge for CBI Cases, Chennai) is directed to dispose of C.C.No.26 of 2005 before the end of November 2015 and report the same to the Registry.

6. With the above direction, this Criminal Original Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar ajr To

1. The XI Additional Special Judge for CBI Cases, Chennai.

2. Deputy Superintendent of Police, Special Police Establishment Anti Corruption Branch Central Bureau of Investigation Chennai

3. The Public Prosecutor, High Court, Madras.

Copy to The Section Officer, Criminal Section, High Court, Madras.

(For Watching Report) Crl.OP No.9553 of 2011 KU (CO) PSI (17.08.2015)