S.Venkatesan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19.12.2024 CORAM : MR. JUSTICE N.SESHASAYEE Venkatesan.S ... Petitioner Vs.

The State Rep. by Deputy Superintendent of Police Special Investigation Cell Vigilance and Anti-Corruption Chennai ... Respondent PRAYER: Criminal Original Petition filed under Section 528 of B.N.S.S. Act, 2023, to set aside the order passed by the learned Special Court for trial of cases under the Prevention of Corruption Act, Chennai dated 12.12.2024 made in Crl.M.P.No.750 of 2024 in C.C.No.30 of 2011 and allow this Criminal Original Petition.

For Petitioner : Mr.S.Karthikeyan For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl. Side) 1/4

ORDER

This petition is filed challenging an order passed by the Special Court for V & A.C cases in Crl.M.P.No.750 of 2024 in C.C.No.30 of 2011. The said petition was filed by the petitioner / accused for recalling PW.10, the Trap Laying Officer (T.L.O) after the cross examination of the Investigating Officer. This was dismissed by the trial Court essentially on the ground that the petitioner had been afforded multiple opportunities which he have wasted. 2.Heard both sides. Without getting into the merit of the submissions on the order passed, in the best interest of justice, this Court grants one last opportunity to the petitioner to recall PW.10, but upon he paying a cost of Rs.5,000/- (Rupees Five Thousand Only) payable to the Adyar Cancer Institute (WIA), West Canal Road, Gandhi Nagar, Adyar, Chennai-600 020, on or before 20.12.2024.

3.The learned counsel for the petitioner is required to produce the copy of the payment receipt of cost before the trial Court on 21.12.2024, upon which the trial Court shall fix the date convenient to both the prosecution and the defence for the further cross examination of T.L.O. It is underscored that the petitioner 2/4

shall complete the cross examination on the date on which the T.L.O. appears, subject to force majeure vis major circumstances. If he does not cross examine the T.L.O on the date fixed by the trial Court, then he will forfeit the opportunity herein accorded to him by this Court. 4.This petition stands disposed of accordingly. Consequently, the connected miscellaneous petition is closed.

19.12.2024 kas Index : Yes / No Note: Issue order copy today To 1.The Special Court for Trial of Cases under Prevention of Corruption Act Chennai 2.The Deputy Superintendent of Police Special Investigation Cell Vigilance and Anti-Corruption, Chennai.

3.The Public Prosecutor High Court of Madras Chennai 600 104.

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N.SESHASAYEE, J.

kas 19.12.2024 4/4