Extracted from the PDF above. The PDF is authoritative.
Crl.O.P.No2347 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 12.02.2025 CORAM THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.2347 of 2025 1.P.Somakumaran 2.A.Bharani Kumar 3.N.Krishnan
... Petitioners/A4, 14 & 16 Vs. The State by The Inspector of Police, Vigilance and Anti Corruption, Chennai (Crime No.2/AC/1988) ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of B.N.S.S, 2023, prays to direct the learned Special Court for the Exclusive Trial of PC Act Cases, Chennai to dispose the case in C.C.No.55 of 2011 before the learned Special Court for the Exclusive Trial of PC Act Cases, Chennai within the time fixed.
For Petitioner : M/s.V.R.Appaswamee For Respondent : Mr.S.Udayakumar Government Advocate (Crl.Side)
ORDER The petitioners/A4, A14 and A16, who are facing trial in C.C.No.55 of 2011, have filed this petition seeking a direction for the trial Court to dispose of the case within the stipulated time. Page No.1 of 4 https://www.mhc.tn.gov.in/judis
Crl.O.P.No2347 of 2025
2. The contention of the petitioners is that, as of 08.04.2024, a total of 53 witnesses have been examined in this case, out of 124 witnesses in total and 382 documents have been marked. At this stage, if the trial proceeds, the petitioners will not receive justice. Moreover, the petitioners are aged 78 and 73 years. Hence, they have filed the present petition. 3. The learned Government Advocate (Crl.Side) appearing for the State submitted that there are a total of 29 accused in this case and the delay was due to the filing of a quash petition before this Court. Earlier, this Court on 21.09.2015 quashed the proceedings as against A1, A7, A10, A11 & A12. Additionally on 08.10.2015, this Court quashed the proceedings as against A3, A8, A13, A15 & A18. Some of the accused in this case have passed away, including A2, A5, A6, A9, A17, A19 A26 & A27. Now the case is pending against A4, A14 & A16, A20, A23, A24, A25 and A28. A Non Bailable Warrant is pending as against A21 & A22, which has also contributed to the delay. A29 has turned as approver. 4. Out of 124 witnesses, 53 have been examined and 30 have been dispensed with. Some witnesses are residing and serving far away, making it time consuming to secure their presence. Additionally, there are 382 Page No.2 of 4 https://www.mhc.tn.gov.in/judis
Crl.O.P.No2347 of 2025 documents to be considered. However, the prosecution will make an effort to complete the trial within a stipulated period, preferably within six months, without any further delay. The petitioner and the other accused are required to cooperate in cross examinations as and when scheduled, without causing any further delay. 5. The learned Government Advocate (Crl.Side) appearing for the State further submitted that there is no reason to delay and witnesses will be produced without delay. 6. This Court directs the trial Court to proceed with the trial in the above case. The case shall be posted preferably on a day-to-day basis and complete the trial without any delay, preferably within six months. This six months is only an outer limit. 7.
With the above directions, this Criminal Original Petition is
disposed of. 12.02.2025 Internet: Yes/No Neutral Citation: Yes/No rpl Page No.3 of 4 https://www.mhc.tn.gov.in/judis
Crl.O.P.No2347 of 2025 M.NIRMAL KUMAR, J. rpl To 1.The Special Court for the Exclusive Trial of PC Act Cases, Chennai
2. The Inspector of Police, Vigilance and Anti Corruption, Chennai 3.The Public Prosecutor, High Court, Madras. Crl.O.P.No.2347 of 2025 12.02.2025 Page No.4 of 4 https://www.mhc.tn.gov.in/judis