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2016 DIGILAW 326 (MAD)

Banu v. State represented by the Inspector of Police

2016-01-28

M.VENUGOPAL

body2016
ORDER : The Petitioner/Accused has focused the instant Criminal Original Petition praying for passing of an order by this Court to expedite the trial in Spl.C.C.No.2 of 2013 on the file of Learned Chief Judicial Magistrate cum Special Judge, Pudukottai within the time frame. 2. According to the Petitioner, the trial Court took cognizance of the final report in Spl.C.C.No.2 of 2013 and from the year 2013, the case is posted for examination of prosecution witnesses. However, till date, there is no progress in the conduct of trial of the main case in Spl.C.C.No.2 of 2013 on the file of trial Court. 3. Heard the Learned Counsel for the Petitioner and the Learned Government Advocate (Crl.side) appearing for the State. 4. It is not in dispute that a case was registered in Crime No.6 of 2012 against the Revision Petitioner/Accused in respect of the offences under Section 7, 13(2) r/w. 13(1)(d) of Prevention of Corruption Act. It is not in dispute that the charge sheet in the main case was filed on 04.07.2013. The case was taken on file on 11.07.2013 and the next date of hearing of the main case is slated on 02.03.2016 for examination of witnesses L.Ws.1 to 3. The last hearing was on 27.01.2013. It is to be noted that 'an expeditious and speedy trial' are envisaged under the ingredients of Section 309 of Cr.P.C. It is to be remembered that the ingredients of Section 309 of Cr.P.C., are to be read in an harmonious fashion, in the considered opinion of this Court. In terms of Section 309(1) of Cr.P.C., when the examination of witnesses has once commenced, then the same shall be continued from day to day until all the witnesses in attendance were examined. Indeed, a 'piecemeal' recording of evidence is not palatable/desirable, as opined by this Court. 5. In this connection, this Court relevantly points out that Article 21 of the Constitution of India speaks of fair and just procedure and even the concept 'right to speedy trial' flows from Article 21 of the Constitution of India. As a matter of fact, 'speedy trial' encompasses, then its fold (1) investigation (2) inquiry (3) trial (4) appeal (5) revision and (6) retrial, as the case may be. Ordinarily, a Court of Law may not fix a time limit for the disposal of a case by the concerned Court. As a matter of fact, 'speedy trial' encompasses, then its fold (1) investigation (2) inquiry (3) trial (4) appeal (5) revision and (6) retrial, as the case may be. Ordinarily, a Court of Law may not fix a time limit for the disposal of a case by the concerned Court. However, if a higher forum fix a time limit for disposal of a particular case by the trial Court (within the time determined), then the trial Court shall make a fervent endeavour to dispose of the particular case in question, within the time limit determined by the higher forum. 6. As far as the present case is concerned, the charge sheet was filed on 04.07.2013. Admittedly, the case was taken on file on 11.07.2013. On the last hearing date on 27.01.2016 in Spl.C.C.No.2 of 2013, the trial Court had adjourned the case to 02.03.2016 for examination of witnesses L.Ws.1 to 3. 7. Considering the fact that in the present case, the final report was filed on 04.07.2013 and the case was taken on file on 11.07.2013 and also this Court bearing in mind an important fact that there is no progress in regard to the conduct of trial of the main case from the year 2013 till this date and added further, this Court keeping in mind that on 02.03.2016, the main case in Spl.C.C.No.2 of 2013 was posted for examination of L.Ws.1 to 3, at this stage, this Court, in the interest of justice, fair play, good conscience and even as a matter of prudence, directs the Learned Chief Judicial Magistrate cum Special Judge, Pudukottai to take up the main case in Spl.C.C.No.2 of 2013 pending on its file for examination of witnesses and to commence the trial by bearing in mind Section 309(1) of Cr.P.C., and to dispose of the main case within a period of three months from the date of receipt of a copy of this order and to report compliance to this Court without fail. The parties are directed to render their unstinted co-operation and assistance to the trial Court in regard to the completion of main proceedings in Spl.C.C.No.2 of 2013. 8. With the above observation and direction, the Criminal Original Petition stands disposed of.