Lakshmi vs The Inspector Of Police
2023 Latest Caselaw 9941 Mad

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 08.08.2023

                                                          CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                  Crl.O.P.No.17752 of 2023

            1.Lakshmi

            2.Venkatesan                                                                     .. Petitioners

                                                            Vs.

            The Inspector of Police,
            CCB,Team IV,
            Vepery,Chennai
            (Crime No.372 of 2013)                                                ..Respondent
            PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal
            Procedure, to direct the learned Metropolitan Magistrate for Exclusive Trial of CCB
            Cases, At Egmore, Chennai to conduct the trial as expeditiously as possible and to
            conclude the trial within the time prescribed by this Court.
                                  For Petitioner            : Mr.R.Ram Babu
                                        For Respondents          : Mr.A.Damodaran
                                                              Additional Public Prosecutor

                                                       ORDER

This petition has been filed for a direction to the learned Metropolitan Magistrate

for Exclusive Trial of CCB Cases at Egmore, Chennai to dispose of the C.C.No.5041 of

2018 within a time frame fixed by this Court.

https://www.mhc.tn.gov.in/judis

2.The learned Additional Public Prosecutor submitted that the petitioners (A2 and

A3) filed discharge petition before the Court below and the same is pending. In view of

the same, the Court below has not framed charges in this case till now.

3.The learned counsel for the petitioner submitted that there was an earlier order

passed by this Court in Crl.O.P.No.22192 of 2019 directing the Court below to dispose

of the case in six months. The learned counsel further submitted that the petitioners will

withdraw the discharge petition during the next date of hearing and consequently,

requested this Court to fix a time frame for the completion of the trial. It is brought to

the notice of this Court that the matter stands posted on 16.08.2023.

4.Taking into consideration the submissions made on either side, there shall be a

direction to the petitioner to withdraw the discharge petition during the next date of

hearing on 16.08.2023. Thereafter, the Court below shall proceed further to frame the

charges against the accused persons and proceed with the trial. The case is of the year

2018 and hence, there shall be a direction to the Court below to complete the proceeding

in C.C.No.5041 of 2018, within a period of four months from the date of receipt of copy

of this order. The trial shall be conducted on a day to day basis in accordance with the

guidelines given by Hon'ble Supreme Court reported in Vinod Kumar Vs State of

https://www.mhc.tn.gov.in/judis Punjab [2015 (1) MLJ (Crl) 288 SC]. If the accused persons adopt any dilatory tactics,

it is open to the trial Court to insist upon their presence and remand them to custody

as per the judgment of the Hon'ble Supreme Court in STATE OF UTTAR PRADESH

VS. SHAMBHU NATH SINGH (JT 2001 (4) SC 3191).

5.This criminal original petition is disposed of in the above terms.

08.08.2023 Index : Yes/No ssr

To

1.The Metropolitan Magistrate for Exclusive Trial of CCB Cases, Egmore, Chennai

2.The Inspector of Police, CCB,Team IV, Vepery,Chennai (Crime No.372 of 2013)

3.The Public Prosecutor High Court of Madras, Madras.

N.ANAND VENKATESH, J

ssr

https://www.mhc.tn.gov.in/judis Crl.O.P.No. 17752 of 2023

08.08.2023

https://www.mhc.tn.gov.in/judis