Kelistus Rajkumar v. The Deputy Inspector General Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Thirtieth day of June Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice M.S.RAMESH WMP(MD). No.8778 of 2022 in WP(MD)No.8560 of 2021 Kelistus Rajkumar ... Petitioner Vs 1 The Deputy Inspector General Of Police, O/o.Deputy Inspector General of Police, Madurai Range,Madurai .
2 The Deputy Superintendent Of Police, Peraiyur Sub Division,Peraiyur, Madurai District.
3 The Inspector of Police Vigilance and Anti Corruption Wing,Madurai (Crime No.5/2017 ) ... Respondents Prayer in WMP(MD)No.8778 of 2022 :- This Writ Miscellaneous Petition filed under Article 226 of the Constitution of India, to extend the time for a period of Six months in the order passed in W.P.(MD) No. 8560 of 2021 dated 27.04.2021 .
Prayer in WP(MD)No.8560 of 2021:- Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus or any other writ or order in the nature of writ by directing the 2nd Respondent to defer the departmental proceedings initiated vide proceedings in P.R.No.127/2020 dated 16/12/2020 till the conclusion of the pending criminal trial in Special S.C.No.2/2018 on the file of the Special Court for Prevention of Corruption Act, Madurai .
ORDER:- This Writ Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mrs.Amutha, for Mr.R.Karunanidhi, Advocate for the Petitioner and of Mrs.D.Farjana Ghousia, Government Advocate for the respondents, this Court made the following order:
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By an earlier order dated 27.04.2021, this Court had directed the learned Special Judge for Prevention of Corruption Act, Madurai to conduct the trial in Special S.C.No.2 of 2018 on a day-to-day basis and conclude the same within a period of one year from the date of the order. In view of the intervening Covid-19 pandemic and the consequential lockdown order, it is stated that the Criminal Court could not complete the trial. It is in this background, the petitioner herein had filed the present application for extension of time for a period of six months.
2. It is now represented by the learned Special Government Pleader appearing for the respondents that the trial has been commenced and that most of the witnesses have been examined.
3. On being satisfied with the reasons assigned by the petitioner herein in the affidavit filed in support of the present application, the learned Special Judge for Prevention of Corruption Act, Madurai is called upon to conduct the trial in Special S.C.No.2 of 2018 on a day-to-day basis, if required and conclude the same within a period of six (6) months from the date of receipt of a copy of this order.
4. This Writ Miscellaneous Petition stands allowed accordingly. Sd/- Assistant Registrar(CS-II) // True Copy // /07/2022 Sub Assistant Registrar(CS) TO
1. The Deputy Inspector General Of Police, O/o.Deputy Inspector General of Police, Madurai Range, Madurai .
2. The Deputy Superintendent Of Police, Peraiyur Sub Division, Peraiyur Madurai District.
3. The Inspector of Police, Vigilance and Anti Corruption Wing, Madurai.
+1CC to Mr.R.Karunanidhi,Advocate, Sr.No. 29118 dated 30.06.2022 +1CC to SPL.GP,SR.No. 29411 dated 30.06.2022 2/3
ORDER DATED : 30/06/2022 ========================== EXTENTION OF TIME ========================== WMP(MD). No.8778 of 2022 IN WP(MD)No.8560 of 2021 Giving direction and etc.
as stated within.
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