A.Rajasekaran v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.10.2021

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN Crl.OP.No.16108/2021 [Video Conferencing] A.Rajasekaran ... Petitioner/10th Accused

Versus

The State Represented by: The Inspector of Police SPE:CBI:ACB, Sastri Bhavan, Chennai.

...Respondent/Complainant

Prayer : - Criminal Original Petition filed under Section 482 of Cr.P.C., to pass an order or direction to dispose the C.C.No.14/2015 on the file of the Hon'ble XII Additional Special Judge for CBI Cases- Chennai within six or any other period. For Petitioner : Mr.V.Arunagiri For Respondent : Mr.K.Srinivasan Special Public Prosecutor for CBI Cases

ORDER

(1) A Report has been received from the learned XII Additional Special Judge for CBI Cases, Chennai, with respect to CC.No.14/2015, which is now pending in that particular Court, consequent to a direction issued by this Court. (2) Such a direction was issued owing to the relief sought in the present petition, namely, to dispose of the said

Calendar Case within a specific time period.

(3) In the Report, the learned Judge had stated that P.W.1 to P.W.8 have been examined and P.W.8 has not been cross examined still by A1 and A13.

(4) The learned Counsel for the petitioner, states that A1 and A13 are spouses and he is not appearing for them. (5) Unless all the accused cooperate during the course of trial, it may not be possible to give any direction to the Court to dispose of the matter. Any such direction would be extremely inappropriate.

(6) It is also seen that totally 54 witnesses have been cited as prosecution witnesses and 1048 documents have been listed as documents to be marked on the side of the prosecution. As on date Exs.1 to 457 have been marked. This would indicate that more there are more than 500 documents yet to be marked and nearly about more than 40 witnesses still to be examined.

(7) In view of the said complex nature of the case involved and more particularly, since A1 and A13 had not seem to have any inclination to cooperate during the course of trial, I am afraid that specific time period cannot be fixed in this particular case. However, I am confident that learned Judge would still endeavour to continue with the trial without any unnecessary delay or adjournment. (8) With the above observations, the Criminal Original Petition stands dismissed.

Sd/- Assistant Registrar (CS-IX) // True Copy // Sub Assistant Registrar AP

To 1.The XII Additional Special Judge for CBI Cases Chennai.

2.-do- through The Special Judge for CBI Cases, Chennai. 3.The Inspector of Police SPE:CBI:ACB, Sastri Bhavan, Chennai.

4.The Special Public Prosecutor for CBI Cases, High Court, Chennai.

Crl.OP.No.16108/2021 SRA(CO) B.VC (28/10/2021)