Madras High CourtCRL OP(MD)/4539/2013withdrawn dismissed

Ramdoss, v. The Deputy Superintendent

2018-07-25Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD).No.4539 of 2013 and M.P(MD).No.1 of 2013 Ramdoss ... Petitioner/ Accused No.5 Vs.

1. The State represented by The Deputy Superintendent of Police, Economic Offence Wing-II, Madurai District.

...Respondent/Complainant

2. Nattarayan ... Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the final report in connection with C.C.No.11 of 2013 on the file of the Special Court Constituted under TNPID (In F.E's) Act, 1997 at Madurai and quash the same.

For Petitioner : Mr.Jeganathan For R1 : Mr.A.Robinson Government Advocate (Crl.Side) For R2 : Mr.J.S.Murali

O R D E R

This petition has been filed to call for the final report in connection with C.C.No.11 of 2013 on the file of the Special Court Constituted under TNPID (In F.E's) Act, 1997 at Madurai and quash the same.

2.Heard the learned counsel appearing for the petitioner, the learned Government Advocate(Crl.Side) appearing for the first respondent and the learned counsel appearing for the second respondent.

3.The learned counsel for the petitioner seeks leave to withdraw this Criminal Original Petition and he has also made an

endorsement to that effect. Recording the same, this Criminal Original Petition is dismissed as withdrawn.

4.It is seen that C.C.No.11 of 2013 on the file of the Special Court under TNPID Act, 1997, Madurai has been kept pending on account of interim order granted in this Criminal Original Petition. This Court went through the records and it appears that Crl.O.P(MD).No.6120 of 2013 filed by other accused was withdrawn and direction was given for disposal of the trial within a period of six months.

5.This Court can understand that the trial cannot proceed with the matter in view of the pendency of Criminal Original Petition. The learned counsel for the petitioner brought to the notice of this Court that in Crl.O.P(MD).No.4539 of 2013, it appears that there is no interim order. If there is no interim stay given by this Court, there can be no impediment for proceeding with the trial. Therefore, the Trial Court is directed to conclude the entire trial in C.C.No.11 of 2013 within a period of six months from the date of receipt of a copy of this order and submit a compliance report to the registry.

6.The learned counsel for the petitioner submitted that the petitioner can be given the relief of being dispensed with his personal appearance. His request is accepted. The personal appearance of the petitioner in the trial is dispensed with. He shall appear at the time of examination U/s. 313 Cr.P.C., and at the time of pronouncement of the Judgment.

7.Except the aforesaid occasions, on other hearing dates the petitioner can be represented through counsel. 8.With these directions, this Criminal Original Petition is dismissed as withdrawn. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Writs) /True Copy/ Sub Assistant Registrar (CS-I) To

1. The Special Court under TNPID (In F.E's) Act, 1997 Madurai.

2. The Deputy Superintendent of Police, Economic Offence Wing-II, Madurai District.

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

+ 1 CC TO M/s.VEERA ASSOCIATES, ADVOCATE IN SR No. 75134 + 1 CC TO Mr.J.S.MURALI, ADVOCATE IN SR No. 75128 MSA TE/RP/SAR-1 : 11/08/2018 : 3P/6C Crl.O.P.(MD).No.4539 of 2013 and M.P(MD).No.1 of 2013 25.07.2018