Madras High Court
A.P.Krishnasamy vs State on 28 June, 2016
Author: R.Subbiah
Bench: R.Subbiah
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.06.2016 CORAM THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.13380 of 2016 1.A.P.Krishnasamy 2.M.Selvaraj 3.M.Arumugam 4.M.Mohamad Khan ... Petitioners Vs State, rep. by, The Inspector of Police, Vigilance and Anti Corruption, Coimbatore, rep. By State Public Prosecutor. ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to direct the learned Special Judge for Cases under Prevention of Corruption Act at Coimbatore, to expedite the trial within a stipulated time in Spl.C.C.No.74 of 2011 in the interest of justice. For Petitioners : Mr.S.Ramachandran For Respondent : Mr.P.Govindarajan, Addl. Public Prosecutor. ORDER
The present criminal original petition has been filed seeking a direction to the learned Special Judge for Cases under Prevention of Corruption Act at Coimbatore, to expedite the trial of the case in Spl.C.C.No.74 of 2011 pending on his file, within a stipulated time.
2. It is the case of the petitioners that on the basis of the complaint given by one A.Mani @ Matchimuthu, a case was registered as against the petitioners by the Video Piracy Cell, Coimbatore in Crime No.18 of 2009 and in this case, after completion of investigation, final report was filed before the learned Special Judge cum Chief Judicial Magistrate, Coimbatore, and it was taken on file as Spl.C.C.No.11 of 2011. Subsequently, the case was transferred to the file of learned Special Judge for Cases under the Prevention of Corruption Act at Coimbatore and renumbered as Spl.C.C.No.74 of 2011. The petitioners were questioned and charges were framed under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act. Thereafter, there is no progress in this case. Since the case is pending from 2011, the petitioners have come up with the present petition seeking a direction to the learned Special Judge for Cases under Prevention of Corruption Act at Coimbatore, to expedite the trial of the case in Spl.C.C.No.74 of 2011.
3. Today, when the matter was taken up for consideration, learned Additional Public Prosecutor submitted that on the side of prosecution, there are 37 witnesses in this case and P.W.1 was already examined.
4. Considering the facts and circumstances of the case, this Court directs the learned Special Judge for Cases under Prevention of Corruption Act at Coimbatore, to expedite the trial of the case in Spl.C.C.No.74 of 2011 and dispose of the same as early as possible, preferably within a period of six months from the date of receipt of a copy of this order. The criminal original petition is disposed of accordingly.
28.06.2016 Index:Yes/No sbi To The Inspector of Police, Vigilance and Anti Corruption, Coimbatore.
R.SUBBIAH, J sbi Crl.O.P.No.13380 of 2016 DATED: 28.6.2016