M.Ravi v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN M.Ravi ... Petitioner Vs 1.State represented by the Deputy Superintendent of Police, Economic Offence Wing II, Viruthunagar.

2.Green Shield Agrotech Limited, No.6, Ayyan Complex, Madurai Road, Rajapalayam, Viruthunagar District.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the learned Special Judge, Special Court under TNPID Act, Madurai, to speedy trial and dispose of the case in C.C.No.8 of 2021 as early as possible within time stipulated by this Court. For Petitioner : Mr.K.Anandan For R-1 : Mr.SS.Madhavan Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition is filed under Section 482 of Cr.P.C seeking for earlier disposal of C.C.No.8 of 2021 pending on the file of the learned Special Judge, Special Court under TNPID Act, Madurai. 1/4

2. It is submitted by learned counsel for the petitioner that he is one of the victims in the hands of the accused along with many other victims and on their complaint, the Police filed charge sheet against the accused in C.C.No.08 of 2021, on the file of the learned Special Judge, Special Court under TNPID Act, Madurai, alleging that, they have committed the offences punishable under Sections 406, 420 and 120 (B) of I.P.C. and Section 5 of Tamil Nadu Protection of Interest of Depositors of Financial Establishment Act, 1997. It is submitted that though the complaint was given in the year 2016, the charge sheet was filed in the year 2021, the trial has not yet commenced, thereby, the petitioner and many other persons are suffering, therefore, suitable directions as sought for.

3. Learned Government Advocate (Criminal Side) on the other hand submits that as per the charge sheet, there are as many as 294 witnesses to be examined in this case and submitted further that, the petition filed seeking discharge is still pending before the trial Court.

4. In view of the above, considering the huge number of the witnesses cited by the prosecutor, since the statements of all witnesses under Section 161 (3) of Cr.P.C. have already been examined and that the documents pertaining to each of the sufferers / victims / witnesses have been filed before the Court, the prosecution can examine only some of the witnesses and explore 2/4

the possibility of marking the documents belonging to other witnesses, who are not examined through the Investigating Officer, so that, the delay in trial can be avoided.

6. With the above observations, this Criminal Original Petition is disposed of, directing the learned trial Judge to use all possible ways and means to expedite the trial and dispose of C.C.No.08 of 2021 as expeditiously as possible.

10.08.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The Special Judge, Special Court under TNPID Act, Madurai. 2.The Deputy Superintendent of Police, Economic Offence Wing II, Viruthunagar.

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

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DR.D.NAGARJUN, J.

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