Madras High CourtCRL RC/1394/2019disposed of

Shri Vispi Minoo Khursetjee v. The State Represented By

2019-12-09Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.R.C.No.1394 of 2019 and Crl.M.P.Nos.18309 and 18311 of 2019 Shri Vispi Minoo Khursetjee ... Petitioner/Petitioner 14th Accused Vs.

The State Represented by Central Bureau of Investigation, Anti-Corruption Branch, Chennai.

... Respondent/Respondent/complainant PRAYER: Criminal Revision Case filed under Sections 397 r/w 401 of the Criminal Procedure Code seeking to set aside the order dated 17.09.2019 in Crl.M.P.No.1988 of 2016 in C.C.No.20 of 2015 passed by the XI Additional Special and Sessions Judge, Chennai. For Petitioner : Mr.K.M.Aasim Shehzad for M/s.BFS Legal For Respondent : Mr.K.Srinivasan Special Public Prosecutor for CBI Cases

O R D E R

This criminal revision has been filed seeking to set aside the order dated 17.09.2019 in Crl.M.P.No.1988 of 2016 in C.C.No.20 of 2015 passed by the XI Additional Special and Sessions Judge, Chennai.

2.The petitioner is an Interior Decorator and is engaged in the business of interior designing for over 15 years and has always set a hight standard for honesty and integrity in all his endeavours. A criminal case was registered against the petitioner under Sections 420 and 471 read with 120-B of IPC and the law enforcing agency filed charge sheet before the learned XI Additional Special and Sessions Judge, Chennai and the same was taken on file as C.C.No.20 of 2015. Thereafter, the petitioner filed petition in Crl.M.P.No.1988 of 2016 under

Section 239 of Cr.P.C., seeking to discharge him from the charges. The said petition was dismissed. Hence, the petitioner has filed this criminal revision.

3.The learned counsel appearing for the petitioner would submit that without going into the merits of the case, it would suffice, if this Court issues direction to the Trial Court to expedite the trial and complete the same as early as possible. He would further submit that the appearance of the petitioner before the Trial Court may be dispensed with and would further submit that the petitioner is ready to appear as and when necessary arise.

4.The learned Special Public Prosecutor for CBI Cases concede to the request made by the learned counsel appearing for the petitioner.

5.In view of the above, this Court directs the learned XI Additional Special Judge for CBI Cases, Chennai, to expedite the trial in C.C.No.20 of 2015 and complete the same as early as possible. The appearance of the petitioner before the Trial Court is dispensed with. However, this order will not stand on the way of the Trial Court to insist for the appearance of the petitioner for receiving copies under Section 207 of Cr.P.C., framing of charges, questioning under Section 313 of Cr.P.C. and judgment and as and when the Trial Court feels it necessary. 6.With the above directions, this criminal revision is disposed of.

Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar dsa To 1.

The XI Additional City Civil and Sessions Judge for CBI Cases, Chennai - 1.

2. The Deputy Superintendent of Police, The Central Bureau of Investigation, Anti-Corruption Branch, Chennai.

3. The Special Public Prosecutor, for CBI Cases, High Court, Madras Crl.R.C.No.1394 of 2019 and Crl.M.P.Nos.18309 and 18311 of 2019 GJ(CO) GMY(27/01/2020)