JUDGMENT :

(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in C.C.No.1067 of 1999 on the file of the learned Chief Metropolitan Magistrate Egmore, Chennai and to quash the same.)

1. This Criminal Original Petition has been filed under Section 482 Cr.P.C., by petitioner/A33 in C.C.No.1067 of 1999 now pending on the file of the learned Chief Metropolitan Magistrate, Egmore, Chennai, to quash the said calendar case as against the petitioner herein. A final report had been filed for offence under Section 120 (b) IPC read with Sections 420, 409 IPC read with 34 IPC in the year 1999.

2. It is complained by the petitioner herein that charges have not been framed by the Trial Court since 1999. It is also stated that the calendar case has been pending without any effective progress. The petitioner claimed that the Constitution Bench of the Hon’ble Supreme Court in P.Ramachandra Rao Vs. State of Karnataka reported in 2002 SCC (Cri) 830 had held that speedy trial is a right of every accused and if there is unwarranted delay it would be violation of Article 21 of the Constitution of India and such trial proceedings can be terminated. The petitioner also stated that he had resigned from the post of Director of Anubhav Agro Housing Developers/one of Anubhav Group of Companies as on 16.09.1996. It is claimed that he was also acquitted by the Additional Chief Metropolitan Magistrate, E.O.I Egmore, Chennai on 19.11.2010 in another case arising out of Companies Act, 1956. It is also claimed that no criminal liability can be fastened on the petitioner. It had therefore been stated that further proceedings in C.C.No.1067 of 1999 pending on the file of the learned Chief Metropolitan Magistrate Egmore, Chennai, should be quashed insofar as the present petitioner is concerned.

3. A counter had been filed by the Investigating Officer. It had been stated in the counter that Crime No.1431 of 1998 was registered under Sections 120(B), 409, 420 IPC read with 34 IPC and trial is pending in C.C.No.1067 of 1999. The petitioner had been arrayed as A33 in the final report. Subsequently further investigation had been conducted and additional police report was filed and the petitioner was then arrayed as A16. Thereafter, due to death and discharge of some of the accused, the petitioner came to be arrayed as A12.

4. It had been stated that 10 registered companies and 366 partnership firms had been incorporated and formed throughout India in the name of Anubhav Groups of Companies with 85 branches. It had been stated that the petitioner and other accused, describing themselves as promoters of teak plantation/orchards farms and resorts published advertisements in the newspapers guaranteeing teak timber at the end of twenty years, and further offering attractive dividends for fixed deposits and collected substantial sums of money from the public and thereafter had misappropriated the same.

5. It had been very specifically stated that the petitioner was one of the Directors of Anubhav Plantations Limited from 14.10.1995 to 07.02.1997. It had been further stated that the petitioner was also responsible for the misappropriation of the amount collected from the public. It had been further stated that the statements recorded from two witnesses namely, Jeyakumar, Assistant Registrar of Companies, Chennai and Nirmala Krishnamurthy, Assistant Inspection Officer, Office of the Regional Director of Inspection and Investigation, Department of Company Affairs, Shastri Bhavan, Nungambakkam, Chennai, also revealed that the petitioner was one of the Directors of the company and was involved with the transactions complained of. It had been further stated that the accused persons had resorted to filing various petitions before the Trial Court and High Court. There were also death of eight accused. There were also NWBs pending against three accused. Moreover, three accused had also been discharged from the charges. One of the accused is in abro