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1989 Supreme(Mad) 92

DAVID ANNOUSSAMY
Sait Mohamed – Appellant
Versus
State through Inpector of Police, Prohibition and Enforcement Wing, Coimbatore Rural District, Coimbatore – Respondent


Advocates Appeared:
K.N.Basha for Petitioner.
T.Munirathina Naidu Government Advocate (Criminal Side), for Public Prosecutor, on behalf of the State.

ORDER

This is a petition under Sec.482 of the Code of Criminal Procedure to call for the records in C.C.No.200 of 1986 on the file of the Court of the Special Judicial First Class Magistrate (Prohibition), Pollachi, and to quash the same.

2. The first information report against the accused was filed on 22.7.1982. After investigation, a final report under Sec.173 of the Code of Criminal Procedure was filed by the Investigation Officer to the effect that offences under Sec. 4(1)(a) and Sec.4(1)(g) read with Sec.11 of the Tamil Nadu Prohibition Act appeared to have been committed by the accused. Upon perusal of that report and the documents appended therewith, the Magistrate framed charges accordingly on 12.10.1983. Thereafter, the matter has been adjourned 101 times without any progress in the matter. Aggrieved by such a course, the accused has filed this petition on 1.8.1988 praying to quash the proceedings.

3. The petitioner's case is that there is inordinate delay in the trial of the case which fact constituted on abuse of process of law and was violative of the constitutional rights of the accused to speedy justice. He further added that he was a resident of Palani and that on each






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