S.Shivakumar v. The Deputy Superintendent Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.04.2016

CORAM

THE HONOURABLE DR.JUSTICE P.DEVADASS Crl.O.P.No.8860 of 2016 S.Shivakumar ... Petitioner Vs State rep. by :

The Deputy Superintendent of Police, Vigilance and Anti-Corruption, Krishnagiri District.

... Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the Chief Judicial Magistrate, Krishnagiri to dispose the case in Spl.C.C.No.5 of 2015 within a time frame fixed by this Court.

For Petitioner : Mr.S.Kingston Jerold For Respondent : Mr.P.Govindaraj Additional Public Prosecutor

ORDER

The accused in Spl. Case in C.C.No.5 of 2015, who is being prosecuted for certain offences under Prevention of Corruption Act before the learned Special Judge/Chief Judicial Magistrate, Krishnagiri seeks direction under section 482 Cr.P.C. to the learned Special Judge for expeditious disposal of the said case.

2. The learned Counsel for the petitioner submitted that the FIR has been registered in 2014 itself. The accused is under mental strain. He is entitled to speedy trial and speedy justice.

3. The learned Additional Public Prosecutor submitted that in this case charges were framed. Now summons have been issued for the examination of first set of prosecution witnesses on 22.05.2016.

4. I have anxiously considered the submissions made on both sides.

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

5. Speedy trial and speedy justice has become part of fundamental right of accused persons as per Article 21 of Constitution of India.

6. In the circumstances, recording the submissions of the learned Additional Public Prosecutor, the learned Special Judge/Chief Judicial Magistrate, Krishnagiri is directed to expeditiously complete the trial in C.C.No.5 of 2015, preferably within three months from the date of receipt of a copy of this Order. Both the learned Special Public Prosecutor /DLA and the learned defence counsel will lend their fullest co-operation to the learned Special Judge to complete this time limit case within the stipulated time. The learned Special Judge on completion of the work would submit his completion report to the Registrar (Judicial) of this Court.

7. Accordingly, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar vrc To

1. The Special Judge/Chief Judicial Magistrate, Krishnagiri.

2. The Public Prosecutor, High Court, Madras.

3. The Deputy Superintendent of Police, Vigilance and Anti-Corruption, Krishnagiri District.

+1cc to Mr.S.Kingston Jerold, Advocate, S.R.No.25680 +1cc to the Public Prosecutor, S.R.No.24471 Crl.O.P.No.8860 of 2016 KSJ(CO) CA(10/05/2016) https://hcservices.ecourts.gov.in/hcservices/