High CourtsSingle Bench

Rajagopal vs The State

Madras High Court · Decided on 7 November 2014 · Citation: (2014) 11 MAD CK 0446

HON’BLE JUDGES
R. Mala, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 317 · Prevention of Corruption Act, 1988 — Section 13(1)(d), 13(2), 7
CASE NUMBER
Criminal Original Petition MD No. 19940 of 2014
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Judgment

6 paragraphs · 391 words

R. Mala, J.—The petitioner has come forward with the present Criminal Original Petition seeking a direction to the learned Chief Judicial Magistrate -cum- Special Judge for Vigilance and Anti-Corruption Case, Tirunelveli District, to expedite the trial and dispose of the case in S.C.No. 10 of 2007, within a time to be stipulated by this Court.

2.

Heard both sides.

3.

The learned counsel for the petitioner would submit that on the complaint given by the petitioner, after due enquiry, case has been registered under Sections 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 and trap proceedings have been initiated and after due investigation, charge sheet has been filed, which was taken on file as S.C.No. 10 of 2007. Even though the petitioner was examined in chief on 22.11.2010, the accused has not, so far, cross-examined him and after that, the case has not seen the light of the day. Therefore, he has come forward with the present petition for the reliefs stated earlier.

4.

On a perusal of the typed-set of papers, it is seen that on the basis of the complaint given by the petitioner, trap proceedings have been initiated and after completion of investigation, charge sheet has been laid, and the same was taken on file as S.C.No. 10 of 2007 and a perusal of diary extract reveals that so far P.W.10 has been examined on 11.12.2012, and summons were issued to LW 18 to LW 20 and the case was posted on 21.01.2013, and thereafter, the accused was absent and the learned Judge entertained only the petition under Section 317 Cr.P.C. In such circumstances, I am of the view that it is a fit case for giving a direction to the Court concerned to dispose of the case in S.C.No. 10 of 2007, as early as possible.

5.

Accordingly, the learned Chief Judicial Magistrate -cum- Special Judge for Vigilance and Anti-Corruption Case, Tirunelveli District, is directed to dispose of the case in S.C.No. 10 of 2007, within a period of two months from the date of receipt of a copy of this order, on day-to-day basis. The learned Government Advocate (Criminal side) is directed to give instructions to the concerned Investigating Agency to produce the witness on the date to be fixed by the Trial Court.

6.

The Criminal Original Petition is ordered accordingly.