T.SELVARAJ Vs. THE STATE

JUDGEMENT

(1.) The Petitioner/Accused has preferred the instant Criminal Original Petition praying for passing of an order by this Court in directing the Learned Special Judge Cum Chief Judicial Magistrate, Nagercoil to proceed with the trial in Special Case No. 7 of 2014, pending on his file on day-to-day basis and to complete the same. According to the Petitioner, while he was serving as Divisional Officer, Fire and Rescue Services, Kanyakumari Division of the State of Tamil Nadu at Nagercoil, he was falsely trapped by the respondent/complainant and a case in Cr. No. 3 of 2013 was registered on 25.04.2013. After completion of investigation, the respondent filed a charge sheet on 28.07.2014 against him in respect of the offences punishable under Sections 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988, before the Learned Special Judge cum Chief Judicial Magistrate, Nagercoil and the same was taken on file in Special Case No. 7 of 2014.

(2.) It is represented on behalf of the petitioner/accused that the summons was ordered to be issued to L.W.1 for the hearing on 04.02.2015 and that prosecution has cited 31 LWs in the charge sheet, but L.W.1 had appeared before the Court and he was examined only on 22.07.2015 i.e. (after 1 year 5 months and 18 days). Further, the trial Court ordered issuance of summons to L.W.2 and posted the matter to 13.08.2015 for examining L.W.2 on the side of the prosecution. Although 5 months and 5 hearings had gone by, the respondent/complainant had not taken any steps to issue summons to L.W.2 for his examination. Further, the matter stood posted to 03.12.2015 for examining L.W.2 and thereafter, at the request of the Learned Counsel for the Petitioner/Accused, short dates were given and the matter was adjourned to 10.12.2015, 17.12.2015 and 21.01.2016 for the purpose of examination of defacto complainant as L.W.2.

(3.) The main grievance of the petitioner is that he is to retire on 31.05.2017. Therefore, prays for the conduct of the trial of Special Case No. 7 of 2014 on the file of trial court on day-to-day basis and to complete the same.