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Madras High CourtCRL OP/332/2024ordered

S.Rajeswari v. State Rep. By

2024-01-09Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2024 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA S.Rajeswari ... Petitioner/A1 Vs.

The State represented by, The Inspector of Police, Vigilance and Anti-Corruption, Dharmapuri.

(Crime No.01/AC/2015) ... Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, pleased to direct the Chief Judicial Magistrate, Dharmapuri to dispose of the Special C.C.No.01/2019 within the time limit fixed by this Court. For Petitioner : Mr.L.Mouli For Respondent : Mr.S.Santhosh Government Advocate (Crl.Side)

O R D E R

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This Criminal Original Petition has been filed seeking to direct the Chief Judicial Magistrate, Dharmapuri, to dispose of the Special C.C.No.01/2019 within the time limit fixed by this Court.

2. It is the case of the petitioner that a case was registered in Crime No.01/AC/2015 against the petitioner and three other private individuals and final report was filed and the case was taken up for trial in Special C.C.No.1 of 2019 on the file of Chief Judicial Magistrate, Dharmapuri, and that there is no progress in the trial. It is her further case that she is in the verge of retirement and thereby, she would seek that time frame may be fixed so that the trial may be completed to prove her innocence.

3.Learned Government Advocate (Criminal Side) would submit that a case has been registered against the petitioner and three other accused and the respondent, after completing the investigation, has filed the Final Report against the accused for the offences punishable under Section 120-B, 177, 193, 406, 420 of IPC and Sections 13(1)(c) and (3) of the Prevention of Corruption Act 1988 read with 109 IPC. He would further submit that there are 47 2/4

witnesses and the prosecution is relying on 90 documents. He would further submit that charges were framed on 03.02.2021 and since the accused were absent the respondent is unable to proceed with the trial. Now the trial has commenced and L.W.1 has been examined and the case stands posted for examination of LW2 on 30.01.2024. The respondent would be able to complete the trial within a period of one year.

4. In view of the submission made by the learned Government Advocate (Crl.Side) that the trial has commenced and the case stands posted for examination of L.W.2 on 30.01.2024, this Criminal Original Petition stands disposed of with a direction to the Chief Judicial Magistrate, Dharmapuri to dispose of the Special C.C.No.01/2019 as expeditiously as possible, preferably, within a period of one year from 30.01.2024. 09.01.2024 Index : Yes / No Speaking / Non-speaking raa 3/4

A.D.JAGADISH CHANDIRA, J.

raa To 1.The Chief Judicial Magistrate, Dharmapuri.

2. The Inspector of Police, Vigilance and Anti Corruption, Dharmapuri.

3. The Public Prosecutor, High Court of Madras.

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