Disposed¶28

D.Vijayakumar v. The State of Tamilnadu

Madras HC2 Jan 2025CRL OP(MD)/22761/2024

Case brief

AI extract

What is this about?

Speedy trial direction; completion of long-pending Prevention of Corruption Act trial; Crl.O.P.(MD)No.22761 of 2024; Madurai Bench of Madras High Court; Justice M. Nirmal Kumar; decided 02.01.2025; Section 528 BNSS; Spl.C.No.5 of 2015; Special Court for Prevention of Corruption Act Cases, Tirunelveli; DSP/Inspector Vigilance and Anti Corruption Virudhunagar/Tirunelveli; petitioner D. Vijayakumar suspended, nearing superannuation; discharge petition of 2019; P.W.1-P.W.3 examined; L.W.4 listed 23.01.2025; six-month outer limit for disposal; petition disposed of.

What did the court decide?

Direction to the Special Court for Prevention of Corruption Act Cases, Tirunelveli to dispose of Spl.C.No.5 of 2015 preferably within six months from the date of receipt of a copy of the order, the time limit being only an outer limit. ¶28

D.Vijayakumar Vs The State of Tamilnadu — Madras HC (2025) — LawSathi Research

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Crl.O.P.(MD)No.22761 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 02.01.2025

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CORAM

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THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

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Crl.O.P.(MD)No.22761 of 2024

D.Vijayakumar

.. Petitioner

Vs.

The Deputy Superintendent of Police Vigilance and Anti Corruption Virudhunagar

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The Inspector of Police Vigilance and Anti Corruption Tirunelveli

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M.Patchirajan

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.. Respondents

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PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to complete the trial proceedings in Spl.C.No.5 of 2015 pending on the file of the Special Court for Prevention of Corruption Act Cases within the stipulated time fixed by this Court.

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For Petitioner : Mr.M.Sankar

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For Respondent : Mr.R. Meenakshi Sundaram Additional Public Prosecutor

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1/5 https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.22761 of 2024

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ORDER

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This Criminal Original Petition has been filed to complete the trial proceedings in Spl.C.No.5 of 2015 pending on the file of the Special Court for Prevention of Corruption Act Cases, Tirunelveli within the stipulated time fixed by this Court.

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The learned counsel for the petitioner would submit that the case is of the year 2015 and the case is not progressed so far and it is moving now moving in a snail space and only three witnesses have been examined so far. The petitioner is now suspended and going to attain the age of superannuation.

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The learned Additional Public Prosecutor would submit that earlier the petitioner has filed a petition for discharge in the year 2019 and for one reason or another there is a delay and now after disposal of all the miscellaneous petitions the trial is in progress. P.W.1 to P.W.3 have been examined and the case stands posted to examination of L.W.4 on 23.01.2025 and the prosecution will be able to produce the witnesses without any delay and the entire prosecution would be completed within a period of six weeks.

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2/5 https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.22761 of 2024

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Under such circumstances, there shall be a direction to the

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Special Court for Prevention of Corruption Act Cases, Tirunelveli to dispose the case pending in Spl.C.No.5 of 2015 preferably within a period of six months from the date of receipt of a copy of this order. The time limit for disposal of the above case is only an outer limit

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