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Madras High CourtCRL OP/18185/2018disposed of

S.P.Subramanian, v. State Represented By

2018-07-19Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19.07.2018

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.18185 of 2018 S.P.Subramanian ... Petitioner Vs.

State represented by the Deputy Superintendent of Police, Vigilance and Anti-Corruption Unit, Dharmapuri.

... Respondent Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to issue a direction to the learned Special Judge/Chief Judicial Magistrate, Dharmapuri to conduct expeditious trial of C.C.No.3 of 2003 filed by the respondent in Crime No.Cr.No.4/AC/2000 on 4.08.2000 u/s 120-B, 109, 468, 471 IPC and 13(1)(c)and 13(1)(d) e/w 13(2) of the P.C.Act to dispose of the same within a specified period of time and pass such further other order.

For Petitioner : Mr.K.Navaneethakrishnan For Respondent : Mr.K.Prabakar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to conduct expeditious trial in connection of a case in C.C.No.3 of 2003 filed by the respondent in Crime.No.4/AC/2000, dated 4.08.2000.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.

Perusal of the record, this Court finds that the alleged occurrence took place in the years 1994 to 1998. First Information Report has been registered against this petitioner and twenty others for the alleged offences under Sections 120B, 109, 467, 468 and 471 IPC and 13(1)(c) and 13(1)(d) e/w 13(2) of the Prevention of Corruption Act.

https://hcservices.ecourts.gov.in/hcservices/

The contention of the petitioner is that though 15 years were lapsed after taking cognizance of this case, only two witnesses have been examined and therefore, direction to the trial Court to expedite the trial is required. The typed set of papers further discloses the fact that this petitioner has moved the trial Court for discharge in C.C.No.2 of 2003 in Crl.M.P.No.466 of 2006 and the same was dismissed on 28.03.2007. The learned Additional Public Prosecutor would submit that apart from this petitioner, there are 20 other accused pertaining to which, four charge sheets have been filed in connection with the said FIR. In some of the cases trial has reached almost finality.

Recording the same, this Court directs the Special Judge/Chief Judicial Magistrate, Dharmapuri to conduct expeditious trial and complete the trial within a period of nine months from the date of receipt of a copy of this order. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar rpl To 1 The Special Judge/Chief Judicial Magistrate, Dharmapuri 2 The Deputy Superintendent of Police, Vigilance and Anti-Corruption Unit, Dharmapuri.

3 The Public Prosecutor, High Court, Madras.

+2cc to Mr.K.Navaneethakrishnan, Advocate Sr.47741 Crl.O.P.No.18185 of 2018 srg 3/8/2018 https://hcservices.ecourts.gov.in/hcservices/