Crl.O.P.[MD] No.5875 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

ORDER RESERVED : 26.04.2021

ORDER PRONOUNCED : 03.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

Crl.O.P.[MD] No.5875 of 2021

and

Crl.M.P.(MD) No.3388 of 2021

A.Saminathan

: Petitioner/Accused No 1

vs.

1.The Deputy Superintendent of Police,

Vigilance and Anti Corruption Wing,

Sivagangai,

Sivagangai District.

2.The Inspector of Police,

Vigilance and Anti Corruption Wing,

Sivagangai,

Sivagangai District.

: Respondents/Complainants

PRAYER: Criminal Original Petition filed under Section 482 of the

Code of Criminal Procedure, to call for the records pertaining to

the order dated 19.03.2021 in C.C.No.20 of 2014 on the file of the

Special Judge (V & AC) Court, Sivagangai and quash the same so far

as the petitioner is concerned.

For Petitioner

: Mr.Veerakathiravan,

Senior Counsel for M/S.Veera Associates

For Respondents

: Mr.K.K.Ramakrishnan

Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed questioning the

conduct of the presiding Judge. Before pronouncing the judgment, on

appreciation of the evidence, the learned trial Judge/Special Judge,

Vigilance and Anti Corruption Court, Sivagangai, had altered the

charges framed against the petitioner herein in C.C.No.20 of 2014.

2.The learned counsel for the petitioner submits that after the

charges had been altered, the accused should be extended the benefit

of recalling the witnesses so as to cross-examine the witnesses

regarding the newly added or altered charges. Therefore, the learned

counsel for the accused seeks stay of the proceedings and to set

aside the order, dated 19.03.2021 passed by the learned trial Judge,

altering the charges in C.C.No.20 of 2014, by way of filing the

present Criminal Original Petition.

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Crl.O.P.[MD] No.5875 of 2021

3. Already charges were framed as against A1 to A3 as under

Section 120 (B) r/w. 467, 468, 471, 420, 409, 406 of IPC and r/w.

Sections 13 (2) r/w. Sections 13 (1) (c ) and (d) of Prevention of

Corruption Act, 1988. As against A1 and A2 under Section 467, 468,

471 r/w. 467 and 468 of IPC and 420 of IPC and as against A3 as

under Section 420 r/w. 109 of IPC. As against A1 under Section 406

of IPC and 13 (2) r/w. 13 (1) of Prevention of Corruption Act and as

against A2 under Section 409 of IPC and under Section 13 (2) r/w. 13

(1) of Prevention of Corruption Act. As against A2 under Section

409 of IPC and under Section 13 (2) r/w. 13 (1) (c) of Prevention of

Corruption Act, 1988 and as against A3 as under Section 109 of IPC

r/w. 409 of IPC and 406 of IPC and r/w. 13 (2) r/w. 13 (1) ( c) of

Prevention of Corruption Act, 1988. As against A1 to A3 under

Section 13 (1) (d) of Prevention of Corruption Act.

4. The learned trial Judge, by his order dated 19.03.2021, had

altered the charges against A1 under Sections 120 (B) r/w. 420,

468, 471, 420, 409 of IPC and under Section 13 (2) r/w. Section 13

(1) (c) and (d) of Prevention of Corruption Act. As Against A2 under

Sections 120 (B) r/w. 420, 468 r/w. 120(B), 471 r/w. 120 (B), 420,

409 r/w. 120 (B) and Sections 13 (2) r/w. Sections 13 (1) ( c) and

(d) of Prevention of Corruption Act. As Against A-3 as under

Sections 120 (B) r/w. 420, 468 r/w. 120 (B), 471 r/w. 120 (B), 420

r/w.120 (B), 409 r/w. Section 120 (B) and Section 13 (2) r/w. 13 (1)

( c) & (d) of the Prevention of Corruption Act. The petitioner is

aggrieved by the said order on the ground that he has not offered an

opportunity of hearing. The proceedings under 313 (1) of Cr.P.C.,

had already been completed.

5.The learned trial Judge/Special Judge, Vigilance and Anti

Corruption Court, Sivagangai, has the power to alter the charges

before pronouncing the judgment. At the same time, the learned

Judge, while exercising his / her discretion to alter the charges

based on the materials availab