Madras High Court
Dr.R.Radhakrishnan vs A.Muraleetharan on 2 November, 2021
Cont.P.No.1495 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.11.2021
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE BHARATHA CHAKRAVARTHY
Contempt Petition No.1495 of 2016
Dr.R.Radhakrishnan ... Petitioner
-vs-
A.Muraleetharan,
Special Judge,
Special Court under Prevention of
Corruption Act,
Coimbatore. ... Respondents
Contempt Petition filed under Section 11 of the Contempt of
Courts Act to punish the respondent for his willful disobedience to
comply with the orders of this Court dated 24.11.2015 made in
W.A.No.588/2014.
For Petitioner : Dr.R.Radhakrishnan,
Party-in-person
For Respondent : Mr.Karthik Ranganathan
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Cont.P.No.1495 of 2016
ORDER
(Order of the Court was made by T.RAJA.J)
The petitioner has filed this Contempt Petition against the
Special Judge, Special Court under the Prevention of Corruption Act,
Coimbatore, for the willful disobedience and non-compliance of the
order passed by this Court in W.A.No.588/2014 in and by which while
dismissing the said writ appeal, the learned Single Judge, has
directed the trial court to dispose of the Spl.C.C.No.9/2013 within six
months.
2. Insofar as the Spl.C.C.No.9/2013 is concerned,
admittedly, there were 136 witnesses cited by the prosecution. When
the charge sheet was received on 02.11.2016, the Special Court has
framed the charges on 11.01.2017. Though this Court in
W.A.No.588/2014 by an order dated 09.03.2015 has granted six
months time to dispose of the Spl.C.C.No.9/2013, as the prosecution
has listed out 136 witnesses, in view of the long list of the witnesses,
the Special Court was unable to complete the trial within the
stipulated time. In the meanwhile, the Spl.C.C.No.10/2012 was
disposed of by finding the petitioner guilty under Sections 7 and 13
(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988.
Consequently, he was convicted and sentenced to undergo rigorous
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Cont.P.No.1495 of 2016
imprisonment for one year and to pay a fine of Rs.10,000/-, in
default, to undergo simple imprisonment for 3 months for the offence
under Section 7 of the Prevention of Corruption Act and also
sentenced to undergo rigorous imprisonment for 5 years and to pay a
fine of Rs.1,00,000/-, in default, to undergo simple imprisonment for
one year for the offence under Section 13(2) r/w 13(1)(d) of the
Prevention of Corruption Act. Aggrieved thereby, Crl.A.No.771/2016
was filed before this Court. The same was also dismissed by
judgment dated 04.12.2017, thereby confirming the judgment of the
Special Court under the Prevention of Corruption Act. Aggrieved
against, the petitioner has taken up the matter to the Apex Court and
the same is still pending.
3. Therefore, as the petitioner has been found guilty and
sentenced to undergo the punishment as stated supra, Mr.Ramadhas,
the learned Special Judge, in his letter dated 29.10.2021 has asked
for six more months time citing multiple reasons that firstly, the
petitioner has filed a petition under Section 451 of Cr.P.C. seeking
return of documents and the same is pending in CMP.No.589/2013;
secondly, one Matheswaran/3rd party filed a petition to issue 'No
Objection Certificate' for registering the sale deed in respect of the
properties of the 2nd accused Amirthasanjivi and the same is also
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Cont.P.No.1495 of 2016
pending in CMP.No.263/2015; thirdly, the police also filed an
application under Section 3(1) of the Criminal Law Amendment
Ordinance 1944 to attach the properties related to this case and the
same is also pending in CMP.No.187/2016; fourthly, 136 witnesses
were cited as witnesses in the charge sheet and out of them, P.W.1 to
P.W.6 were examined and Ex.P.1 to Ex.P.10 were marked and due to
covid 19 pandemic situation, further witnesses could not be
examined; and fifthly, it has been stated by Mr.M.Ramadhas, Special
Judge under the Prevention of Corruption Act that he has been
transferred and posted as Special Judge for Special Court for cases
under Prevention of Corruption Act, Coimbatore and he has taken
charge of the above court on 02.09.2021 and the High Court of
Madras in ROC.No.74304/2021-B2, 70915-A/2021-B2 and
79730/2021-B2 and Notification No.234/2021 dated 15.09.2021 has
conferred powers to him for trying the cases under the prevention of
Corruption Act, with effect from the date on which he took full
additional charge of the post of Special Judge.
4. Under such circumstances, since the petition filed under
Section 451 of Cr.P.C. seeking return of the documents is pending in
CMP.No.589/2013 that one Magheswaran/3rd party has filed a petition
to issue, 'No Objection Certificate' for registering the sale deed in
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Cont.P.No.1495 of 2016
respect of the properties of the 2nd accused Amirthasanjivi and the
same is pending in CMP.No.263/20915 and that the police also filed
an application under Section 3(1) of the Criminal Law Amendment
Ordinance 1944 to attach the properties related to this Court in
CMP.No.187/2016, without disposing of all these petitions, the trial
could not have taken place. More over, 136 witnesses had to be
examined. In the meanwhile, the unfortunate Covid-19 has
intervened and as a result, the lawyers were unable to take part in
the physical hearing. Only very recently, the High Court has
permitted the trial courts and subordinate courts to come back to the
physical hearing as the normalcy is limbing gradually, therefore, we
are unable to find any merit on this Contempt Petition.
5. More over, the request made by Mr.M.Ramadhas, Special
Judge, Special Court for trial of Prevention of Corruption Act,
Coimbatore, seeking extension of time to dispose of
Spl.C.C.No.9/2013 cannot be refused, therefore, the prayer for grant
of six months time is granted. Since the charges were framed on
11.01.2017, we direct the learned Special Judge, Special Court under
the Prevention of Corruption Act, Coimbatore, to proceed with the
Spl.C.C.No.9/2013 on day-to-day basis and dispose of the same on
merits and in accordance with law, within a period of six months.
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Cont.P.No.1495 of 2016
T.RAJA, J.
AND
D.BHARATHA CHAKRAVARTHY, J.
tsi
6. With the above observation and direction, the Contempt
Petition is dismissed. List this matter after six months ''for reporting
compliance''.
(T.R.J.,) (D.B.C.J.,)
02.11.2021
Note :
Issue on 01.12.2021
tsi
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Cont.P.No.1495 of 2016
Contempt Petition No.1495 of 2016
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