V. RAJARAMAN Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed seeking direction to the learned Chief Judicial Magistrate, Vellore District to conclude the trial in day-today basis in Special Case No.4 of 2013, within the stipulated time as fixed by this Court.

(2.) Ms.R.Hemalatha, learned counsel representing for the petitioner submitted that the petitioner is a sole accused facing trial in S.C.No.4 of 2013 on the file of the Chief Judicial Magistrate, Vellore for the offences under Ss. 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988. She further submitted that the petitioner had earlier approached this Court seeking for a similar direction in Crl.O.P.No.15038 of 2020 and this Court, by order dtd. 28/9/2020, had directed the learned Magistrate concerned to complete the trial within a stipulate time, preferably within a period of six months. She further submitted that despite the order being passed on 28/9/2020, the case is still pending for the past three years. She further submitted that the petitioner, who is a Government Servant, is now placed under suspension and due to pendency of the case, he is unable to join the duty. Hence, she seeks a direction may be issued to the learned Magistrate concerned.

(3.) The learned Government Advocate (crl.side) appearing for the respondent Police submitted that it is true that this Court, by order dtd. 28/9/2020, had directed the learned Magistrate concerned to complete the trial within a stipulate time, preferably within a period of six months. He further submitted that due to pandemic situation, there was some delay. He further submitted that the prosecution has completed examining the witnesses and the case as of now stands posted to 25/4/2023 for examination of D.W.1. He would further submit that as on today, the Court is vacant and that is the reason for delay and the prosecution is not responsible for delay. Hence, he prays for dismissal of the petition.