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2016 DIGILAW 269 (MAD)

N. Kandasamy v. State, represented by Inspector of Police, Vigilance and Anti-Corruption, Trichy

2016-01-22

M.VENUGOPAL

body2016
ORDER : 1. The Petitioner/A1 has filed the present Criminal Original Petition praying for passing of an order by this Court in directing the learned Special Judge (for Trial of Cases) under the Prevention of Corruption Act, 1988, Tiruchirappalli, to expedite the trial in Spl.Case No.109 of 2012, pending on his file. 2. According to the Petitioner, the Respondent/State, represented by the Inspector of Police, Vigilance and Anti-Corruption, Tiruchirappalli had registered a case in Crime No.24 of 2011 against the Revision Petitioner/A1 and A2 under Sections 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act and a final report was filed and the case was numbered as Special Case No.109 of 2012. 3. The stand of the Petitioner/A1 is that before the trial Court, the trial commenced on 22.08.2013 by the examination of P.W.1 and cross-examination was also done. After lapse of two years later, another witness P.W.2 was examined on 22.07.2015 and that till date, there is no progress in the main case. 4. It is represented on behalf of the Petitioner that the Petitioner aged about 60 years and suffering from many ailments and as such, it is just and necessary that the trial of the main case in Spl.Case No.109 of 2012 is ordered to be completed within a time frame to be determined by this Court. 5. It is brought to the notice of this Court on behalf of the Respondent that on 06.01.2016, before the trial Court, P.W.3 was not present and for his examination, the matter stood posted to 10.02.2016. 6. At this stage, this Court very relevantly points out that Section 309 of Cr.P.C. relates to the power of the Court to adjourn the proceedings. As a matter of fact, Section 309(1) of Cr.P.C enjoins that when the examination of witnesses had commenced, the same shall be continued from day-to-day, until all the witnesses in attendance have been examined as per decision in Aqnelo vs. State reported in 2002 CR LJ 3007 (3010) (Bom). Furthermore, 'Speedy Trial' is mentioned under Section 309 of Cr.P.C. Right of 'Speedy Trial' flows from Article 21 of the Constitution of India and it includes (1) stage of investigation (2) enquiry (3) trial (4) appeal (5) revision and (6)re-trial. Ordinarily, it is neither desirable nor practicable to determine the time limit for trial of particular cases. Furthermore, 'Speedy Trial' is mentioned under Section 309 of Cr.P.C. Right of 'Speedy Trial' flows from Article 21 of the Constitution of India and it includes (1) stage of investigation (2) enquiry (3) trial (4) appeal (5) revision and (6)re-trial. Ordinarily, it is neither desirable nor practicable to determine the time limit for trial of particular cases. However, in the present case, P.W.1 was examined on 22.08.2013 and after a gap of two years, P.W.2 was examined on 22.07.2015. Admittedly, there is no progress of the case thereafter. The next date of hearing before the trial Court in Spl.Case No.109 of 2012 is slated to 10.02.2016, for examination of P.W.3. 7. Considering the fact that the Spl.Case No.109 of 2012, on the file of the trial Court is pending for examination of further prosecution witnesses, this Court, in the interest of justice, fair play, equity, good conscience and even as a matter of prudence directs the Learned Special Judge(for Trial of Cases) under the Prevention of Corruption Act, 1988, Tiruchirappalli to dispose of the main case in Spl.Case No.109 of 2012, pending on his file, within a period of three months from the date of receipt of a copy of this order. The parties are directed to lend their helping hand and assistance to the trial Court for completion of the main case within the time fixed by this Court. Soon after the completion of the main case in Spl.Case No.109 of 2012, the trial Court is directed to submit a compliance report to this Court, without fail. 8. With the aforesaid directions and observations, the Criminal Original Petition is disposed of.