D.Raghunathan Vs The Union Territory of Puducherry Rep.by, The Inspector of Police

PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to call for the records in Spl.C.C.No.9 of 2025 on the file of the Special Court (Under the Prevention of Corruption Act), Puducherry and quash the same.

¶13

For Petitioner : Mr.A.Kripakaran

¶14

For R1 : Mr.M.V.Ramachandra Murthy Public Prosecutor (Puducherry)

¶15

O R D E R

¶16

This Criminal Original Petition has been filed seeking to quash to

¶17

the proceedings pending against the petitioner in Spl.C.C.No.9 of 2025 on

¶18

1/6

¶19

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

¶20

Crl.O.P.No.2962 of 2026

¶21

the file of the Special Court (Under the Prevention of Corruption Act), Puducherry.

¶22

2 . Learned counsel for the petitioner submitted tha t the allegation pertains to the year 2013 and that after an enquiry was conducted with respect to the petitioner, no action had been taken against him. However, subsequently, in the year 2023, based on the complaint given by the second respondent/de facto complainant, the present case in Crime No.1 of 2023 was registered implicating the petitioner, who had already retired from service.

¶23

3 . Learned Public Prosecutor (Puducherry) appearing for the first respondent denied the averments made by the petitioner and objected to the quashing of the proceedings against the petitioner. He further submitted that there are 20 witnesses in this case.

¶24

4 . Having heard the learned counsel appearing on either side and upon perusal of the materials available on record, this Court is not inclined to quash the proceedings against the petitioner.

¶25

2/6

¶26

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

¶27

Crl.O.P.No.2962 of 2026

¶28

5 . At this juncture, the learned counsel appearing for the petitioner sought permission of this Court to withdraw this petition and also made an endorsement to that effect. He also submitted that the petitioner is a sexagenarian and therefore, prayed for the indulgence of this Court to dispense with the personal appearance of the petitioner before the trial Court and also t o direct early disposal of the case.

¶29

6 . In view of the submission and the endorsement made by the learned counsel appearing for the petitioner, this Criminal Original Petition is dismissed as withdrawn. Consequently, the connected miscellaneous petitions are closed.

¶30

7 . However, acceding to the plea made by the learned counsel for the petitioner qua early disposal of the case, it is pertinent to state that a Constitution Bench of the Hon’ble Supreme Court, in the case of High Court Bar Association, Allahabad vs. State of Uttar Pradesh reported in (2024) 6 SCC 267 , has held that the constitutional courts, in the ordinary course, should refrain from fixing a time-bound schedule for the disposal of cases pending before any other court. The relevant portion of the said decision for the sake of ready reference is reproduced below:

¶31

3/6

¶32

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

¶33

Crl.O.P.No.2962 of 2026

¶34

"47.3. Constitutional courts, in the ordinary course, should refrain from fixing a time-bound schedule for the disposal of cases pending before any other courts. Constitutional courts may issue directions for the time-bound disposal of cases only in exceptional circumstances. The issue of prioritising the disposal of cases should be best left to the decision of the courts concerned where the cases are pending." (emphasis supplied by this Court).

¶35

8 . It has also been held in the aforesaid extracted portion that in exceptional circumstances, constitutional courts may issue directions for time bound disposal of cases.

¶36

9 . Considering that the petitioner is a sexagenarian and that

¶37

there are only twenty witnesses in this case, which, in the opinion of this Court, constitute an exceptional circumstance, this Court directs the learned Special Judge, Special Court (Under the Prevention of Corruption Act), Puducherry, to dispose of the case in Spl.C.C.No.9 of 2025, as expeditiously as possible, preferably within a period of one year from the date of receipt of a copy of this order.

¶38

4/6

¶39

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

¶40

Crl.O.P.No.2962 of 2026

¶41

10. Insofar as the request made by the learned counsel for the petitioner regarding the appearance of the petitioner before the trial Court is concerned, the personal appearance of the petitioner is dispensed with, except for receipt of copies, answering the charges, questioning under Section 313 Cr.P.C., passing of judgment, or any other date as may be required by the trial Court. It is made clear that the petitioner shall be duly represented by his counsel before the trial Court on all hearing dates.

¶42

11.03.2026

¶43

Neutral Citation: Yes/No

¶44

ham

¶45

To

¶46