Tamilarasi v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 10.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Tamilarasi ... Petitioner Vs.

The State rep by The Inspector of Police, Economic Offences Wing II, Namakkal.

... Respondent Prayer: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, 1973 to direct the learned Special Sessions Judge for trial of cases under the TNPID Act, Coimbatore, to expedite and dispose the C.C.No.31 of 2013 in accordance with law. For petitioner : Mr.T.Gobinath For respondent : Mr.S.Santhosh Government Advocate (crl.side)

ORDER

This Criminal Original Petition has been filed to direct the learned Special Sessions Judge for trial of cases under the TNPID Act, Coimbatore, to expedite and dispose the C.C.No.31 of 2013 in accordance with law.

2. The learned counsel for the petitioner submitted that the case in Crime No.133 of 2013 was taken on file in C.C.No.31 of 2013 by the learned Special Judge, Special Court for Trial of cases under TNPID Act, Coimbatore. However, the case is pending for long years from the year 2013, without any progress and hence, direction may be given the Special Judge, to expedite and dispose the case, within a time frame, fixed by this Court.

3. Heard the learned learned Government Advocate (Crl.Side) appearing for the respondent.

4. A perusal of the records shows that the petitioner/de-facto

complainant had lodged a complaint before the Namakkal Police Station against the accused and it was registered in Crime No.133/2013 under Sections 406 and 420 IPC. Later, it was transferred to the file of the respondent police and sections have been altered into Sections 120(B), 406, 420, 467, 468 IPC and Section 5 of TNPID Act, 1997. After investigation, final report was filed and it was taken on file as C.C.No31 of 2013.

5. The Diary Extract reveals that, after filing, the case was pending from the year 2014 to 2017 for effecting service. Subsequently, some of the accused persons had absconded and inview of the same, warrant was issued against them and thereafter, they have been secured. Afterwards, the case was adjourned periodically inview of pending applications and thereafter for framing charges. Subsequently, the case was posted for Trial on 01.11.2021 and again, it was periodically adjourned, without any progress.

6. Therefore, considering the above facts and also taking into

account the fact that the case is pending from the year 2013, the Special Judge, Special Sessions Court for Trial of Cases under TNPID Act, Coimbatore is directed to conclude the Trial, without giving further adjournments, within four months from the date of receipt of the copy of this order.

7. With the above direction, this criminal original petition is allowed.

10.10.2022 Index:Yes/No Internet:Yes/No mst To 1.The Inspector of Police, Economic Offences Wing II, Namakkal.

2.The Public Prosecutor, Madras High Court.

V.SIVAGNANAM, J.

mst 10.10.2022