Madras High CourtCRL RC(MD)/89/2017disposed of

Rajagopalan, v. The Inspector Of Police,

2017-01-25Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE B.GOKULDAS Crl.R.C.(MD).Nos.89 and 91 of 2017 and Crl.M.P.(MD).Nos.743 and 745 of 2017 Rajagopalan .. Petitioner/Petitioner/Accused No.9 in both the petitions Vs.

The State rep., by the Inspector of Police, District Crime Branch, Theni.

(In Crime Nos.3 and 2 of 2003) .. Respondent/Respondent/Complainant in both the petitions Prayer:- Criminal Revision Petitions are filed under Section 397 r/w 401 of Cr.P.C. to call for the records relating to the orders, dated 08.12.2015 made in Cr.M.P.Nos.1529 and 1526 of 2015 respectively on the file of Special Court for TNPID Act Cases, Madurai and set aside the same as illegal and allow the above revision petition as prayed for.

For Petitioner : Mr.R.Gandhi For Respondent : Mrs.S.Prabha Government Advocate (Criminal Side)

ORDER

The Criminal Revision Petitions are filed to call for the records relating to the orders, dated 08.12.2015 made in Cr.M.P.Nos.1529 and 1526 of 2015 on the file of Special Court for TNPID Act Cases, Madurai and set aside the same

2. The learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent are present and heard.

3. The orders which have been challenged in these revisions are passed in the year 2015. The petitioner has filed the petitions under Section 205 Cr.P.C. seeking to dispense with the personal appearance considering his age, ill health, prolonged trial and other facts and circumstances of the case. The Trial Court dismissed the petitions by stating that the matter is pending for a long time.

4. As rightly stated by the Trial Court the case is pending from the year 2008. Therefore, instead of admitting these criminal revision petitions, this Court is of the view to give direction to the Trial Court to dispose of the case within a time limit. https://hcservices.ecourts.gov.in/hcservices/

Accordingly, the Special Court for TNPID Act Cases, Madurai is directed to disposed of cases in C.C.Nos.42 and 41 of 2008, on merits and in accordance with law, within a period of 3 months from the date of receipt of a copy of this order. Considering the age of the petitioner and his illness, the appearance of the petitioner before the Trial Court is dispensed with on condition that he shall appear before the Trial Court as and when required.

5. The criminal revision petitions are disposed of with the above direction. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar( ) /True Copy/ Sub Assistant Registrar To 1.The Special Court for TNPID Act Cases, Madurai. 2.The Inspector of Police, District Crime Branch, Theni.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+2cc's to Mr.R.Gandhi, Advocate Sr.No. 4374 & 4373 jikr AE/JM/06.02.2017/2p/6c Crl.R.C.(MD).Nos.89 and 91 of 2017 Crl.M.P.(MD).Nos.743 and 745 of 2017 25.01.2017 https://hcservices.ecourts.gov.in/hcservices/