M.Varadhan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.12.2019

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.No.31420 of 2019 M. Varadhan

...Petitioner

-VsState rep. By The Deputy Superintendent of Police, CBCID, Metro Wing, Egmore, Chennai 600 008, Cr.No.3 of 2016.

... Respondent Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the learned Metropolitan Magistrate Exclusive Trial of CCB & CBCID cases at Egmore, Chennai - 600 008 to expedite the trial in C.C.No.5658 of 2019 pending on its file within a time frame.

For Petitioner : M/s.D. Vijayababu For respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the learned Metropolitan Magistrate Exclusive Trial of CCB & CBCID cases at Egmore, Chennai - 600 008 to expedite the trial in C.C.No.5658 of 2019 pending on its file within a time frame.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3. Learned counsel for the petitioner has submitted that the case was originally registered in the year 2012 by the Central Crime Branch and subsequently, as per the Order of this court, the said case was transferred to the respondent and the case was re-numbered in Cr.No.3 of 2016 and after completing investigation, charge sheet was filed on 08.04.2019 and 1/3

thereafter, the Metropolitan Magistrate Exclusive Trial of CCB & CBCID cases at Egmore, Chennai - 600 008, has taken the case on file. He further submitted that there are totally seven accused involved in this case and summons served on all the accused and now the case is posted for furnishing copies on 31.12.2019. He further submitted that the petitioner/defacto complainant is aged about 81 years and already the investigation agency has taken several years for investigation and hence, he prayed to direct the trial court to dispose of the case within a stipulated period of one year.

4. Per contra, the learned Additional Public Prosecutor appearing for the respondent has submitted that the above case is pending before the Special Court and before the said court, already number of cases of the similar type are pending and hence, it is very difficult for the concerned court to dispose of the case within a stipulated period and therefore he prayed to dismiss the petition.

5. Considering the aforesaid submission, the trial court is directed to expedite the trial and dispose of the case as early as possible, preferably, within a period of one year from the date of receipt of a copy of this order.

6. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar gv To 1.The Deputy Superintendent of Police, CBCID, Metro Wing, Egmore, Chennai 600 008, Cr.No.3 of 2016.

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2.The Public Prosecutor, High Court, Madras.

+1cc to M/s.D. Vijayababu, Advocate sr.103209 CRL.O.P.No.31420 of 2019 pm(co) nr 09/01/2020 3/3