S.SOUNDARAM Vs. DEPUTY COMMISSIONER OF POLICE

JUDGEMENT

(1.) The petitioner, who has been cited as one of the witnesses by the prosecution in C.C. No. 10717 of 2001 on the file of the learned Additional Chief Metropolitan Magistrate, Chennai, has come forward with this petition seeking to set aside the judgment passed by the learned Additional Chief Metropolitan Magistrate dated 10.8.2006 by acquitting the accused therein/respondents 3 and 4 herein and also to direct the Commissioner of Police to initiate appropriate action against the 5th respondent herein/Public Prosecutor for dispensing with 83 witnesses without any authority and causing miscarriage of justice.

(2.) The contention of the learned counsel for the petitioner is that except four persons, no depositors have been settled with their amounts. The learned counsel would further submit that at the time of superannuation, the learned Additional Chief Metropolitan Magistrate along with the Assistant Public Prosecutor colluded with the accused and dispensed with the examination of other witnesses and acquitted the accused thereby allowed them to go scot tree. Therefore, the learned counsel for the petitioner would submit that the said judgment of the learned Additional Chief Metropolitan Magistrate made in C.C. No. 10717 of 2001 dated 10.8.2006 has to be set aside and action has to be initiated against the concerned Assistant Public Prosecutor who has acted in a manner which was prejudicial to the interest of the public.

(3.) Learned Government Advocate (Crl. Side) would submit that he has got no objection for the view which has to be taken by this Court regarding the dispensation of the witnesses by the 5th respondent herein/Assistant Public Prosecutor before the lower Court and the judicial pronouncement of judgment. He would further submit that the prosecution side is expected to follow the relevant procedure contemplated under the Law. The learned Government Advocate (Crl. side) would also submit that they are ready to obey the direction issued by this Court in accordance with law.