M.Muniyappan v. State by Deputy Superintendetn of Police

Madras HC4 Apr 2025CRL OP/9988/2025

Case brief

AI extract

What is this about?

speedy trial; expeditious disposal of trial; Section 528 BNSS; Section 7(b) Prevention of Corruption (Amendment) Act, 2018; Spl.C.C.No.22 of 2024; Cr.No.1/2023 Vigilance & Anti-Corruption Thirupathur; Chief Judicial Magistrate Thirupathur; trial completion within six months; Village Administrative Officer; 15 witnesses; LW1 to LW3; cross-examination without adjournment; witness production undertaking; Crl.O.P.No.9988 of 2025; Madras High Court; M. Nirmal Kumar

What did the court decide?

Direction to the Chief Judicial Magistrate, Thirupathur to complete the trial in Spl.C.C.No.22 of 2024, preferably within six months; with this direction the Criminal Original Petition is disposed of. ¶¶40

M.Muniyappan Vs State by Deputy Superintendetn of Police — Corruption | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the trial in Spl.C.C.No.22 of 2024 (pending before the Chief Judicial Magistrate, Thirupathur, against the petitioner/accused for an offence under Section 7(b) of the Prevention of Corruption (Amendment) Act, 2018) should be expedited and completed within a specified period.

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Court's answer

The trial Court (learned Chief Judicial Magistrate, Thirupathur) is directed to complete the trial in Spl.C.C.No.22 of 2024, preferably within a period of six months.

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Ratio / Principle

The direction is premised on the petitioner's undertaking that he will not be a reason for delay and will cross-examine the witnesses then and there, and on the learned Government Advocate's undertaking to produce the witnesses without delay.

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Detailed headnote1 paragraphs

Madras High Court (M. Nirmal Kumar, J.), Crl.O.P.No.9988 of 2025, order dated 04.04.2025: A Village Administrative Officer (petitioner/accused) facing trial in Spl.C.C.No.22 of 2024 before the Chief Judicial Magistrate, Thirupathur (arising from Cr.No.1/2023 of the DSP, Vigilance & Anti-Corruption, Thirupathur) for an offence under Section 7(b) of the Prevention of Corruption (Amendment) Act, 2018, filed this petition under Section 528 of BNSS seeking speedy trial and disposal. Final report was filed on a charge sheet made ready on 24.04.2024; charges were framed on 03.10.2024; the case involves 15 witnesses, with summons taken for LW1 to LW3, and was posted to 25.04.2025. Noting the petitioner's undertaking not to cause delay and to cross-examine witnesses then and there, and the Government Advocate's undertaking to produce witnesses without delay, the Court directed the trial Court to complete the trial preferably within six months and disposed of the petition.

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Crl.O.P.No.9988 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATE : 04.04.2025

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CORAM:

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THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

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Crl.O.P.No.9988 of 2025

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M.Muniyappan Village Administrative Officer, Mallagunda Village, Natrampalli Taluk, Thirupathur District.

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... Petitioner/Accused

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Versus

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State by: Deputy Superintendent of Police, Vigilance & Anti-Corruption, Thirupathur (Cr.No.1/2023)

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... Respondent

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PRAYER : Criminal Original petition filed under Section 528 of BNSS, praying to direct the Chief Judicial Magistrate, Thirupathur to expedite the trial and dispose the case in Spl.C.C.No.22 of 2024 pending on the file of Chief Judicial Magistrate, Thirupathur in accordance with law.

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For Petitioner : Mr.R.Sathish Kumar

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For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl. Side)

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

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Crl.O.P.No.9988 of 2025

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O R D E R

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The petitioner/accused, who is facing trial in Spl.C.C.No.22 of

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2024, had filed this petition seeking speedy trial and disposal of the case.

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2.The contention of the learned counsel for petitioner is that in this

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case charge sheet made ready on 24.04.2024 and final report filed before the

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trial Court and trial Court took the charge sheet on file, assigned Spl.C.C.No.22 of 2024. The petitioner is facing charge for offence under Section 7(b) of the Prevention of Corruption (Amendment) Act, 2018. He further submitted that in this case there are only 15 witnesses, the petitioner was foisted with false case and the same can be proved only during trial. Due to the pendency of the above criminal case, the petitioner’s future prospects is

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now at stake. Hence, seeks earlier disposal of the case.

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3.The learned Government Advocate submitted that in this case the

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charges were framed on 03.10.2024, thereafter it was periodically adjourned

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and now the case is posted on 25.04.2025. Summons were taken for

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

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Crl.O.P.No.9988 of 2025

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production of LW1 to LW3. There are only 15 witnesses and the witnesses

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can be produced without delay. His only apprehension is that petitioner to

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cross examine the witnesses then and there without seeking any adjournment.

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In such case the entire trial can be completed within a specific period.

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4.Considering the submissions made and the undertaking given by

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the petitioner that he will not be a reason for delay and cross examine the

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witnesses then and there and the learned Government Advocate also undertakes to produce the witnesses without delay, this Court directs the trial Court (learned Chief Judicial Magistrate, Thirupathur) to complete the trial in

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Spl.C.C.No.22 of 2024, preferably within a period of six months.

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5.With the above direction, the Criminal Original Petition is

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disposed of.

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04.04.2025

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Index : Yes / No Internet : Yes/No Speaking / Non-speaking order rsi

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