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2014 DIGILAW 2954 (MAD)

M. Shanmugam v. Deputy Superintendent of Police

2014-08-27

M.VENUGOPAL

body2014
JUDGMENT M. VENUGOPAL, J. 1. The Petitioner/Accused has focused the instant Criminal Original Petition under Section 482 Cr. P.C. praying for passing of an order by this Court in directing the learned Special Judge for Prevention of Corruption Act, 1988, Cases, Villupuram, to dispose of Special Case No. 17 of 2014 pending on his file, as expeditiously as possible. 2. The grievance of the Petitioner/Accused is that, based on the complaint given by the defacto complainant on 7.3.2011, the 2nd Respondent/Inspector of Police registered a case against him and after completion of the investigation, the charge sheet was filed before the learned Special Judge [Chief Judicial Magistrate], Villupuram under the Prevention of Corruption Act, 1988 in Charge Sheet No. 8 of 2011 dated 17.8.2011 with all relevant particulars including the list of evidence. The said charge sheet was taken on file by the trial Court in Special Case No. 10 of 2011. 3. It transpires that the case was registered under Section 7, 13[2] r/w.13[1][d] of the Prevention of Corruption Act, 1988. Later, the case was transferred from the file of the learned Chief Judicial Magistrate, Villupuram, to the file of the learned Special Court for Prevention of Corruption Act, 1988 and got re-numbered in Special C.C. No. 17 of 2014. 4. The main contention advanced on behalf of the Petitioner/Accused is that departmental proceedings were initiated against the Petitioner/Accused simultaneously and since the case is pending for a long time before the trial court, the Petitioner/Accused is made to suffer in view of the fact that he was under suspension for a longer period. 5. Per contra, the learned Additional Public Prosecutor for the respondents contends that P.W.1 was examined on 5.11.2012 and on 7.6.2013, P.W.2 was examined in chief and now the matter stands adjourned to 28.8.2014 for examination of LWs.2 and 4. It is not in dispute that the trial court framed the charges in respect of the Petitioner/Accused on 30.11.2011 and according to the respondents, the charge sheet was taken on file by the trial court on 26.8.2011. 6. It is not in dispute that the trial court framed the charges in respect of the Petitioner/Accused on 30.11.2011 and according to the respondents, the charge sheet was taken on file by the trial court on 26.8.2011. 6. In view of the fact that the date of occurrence was on 7.3.2011 and in view of the fact that Article 21 of the Constitution of India speaks of personal liberty of an individual, which also includes the conduct of speedy trial thereby protecting the interest of the accused, and further, this Court taking note of the fact that the examination of LWs. 2 and 4 is scheduled on 28.8.2014 and in view of the fact that the total number of LWs. in the case is only 18 in number, this Court, based on equity, fair play, good conscience and even as a matter of prudence, directs the learned Special Judge for Prevention of Corruption Act, 1988, Cases, Villupuram, to dispose of the case in Special C.C. No. 17 of 2014 pending on his file, as expeditiously as possible, by conducting day-to-day trial in examining the witnesses, in terms of Section 309 Cr. P.C. and to report to this Court, without fail. The respective parties are directed to lend their assistance and co-operation in regard to the completion of the case.