The Madras High Court has made it clear to sessions courts that trial in cases should not be adjourned merely because some petition is pending before the High Court. They should proceed with the trial unless the proceedings are specifically stayed by the High Court. All Sessions Judges have been directed to follow the order strictly. Justice T. Sudanthiram gave the direction while passing orders on a revision petition by Sivakami challenging an order of the Additional Sessions Judge, Fast Track Court (FTC), Namakkal, which dismissed her petition seeking discharge from a case. The revision petition was dismissed as withdrawn.
Mr. Justice Sudanthiram observed that the case, registered by the Pellipalayam police, related to 2004 and the sessions case to 2005. The accused woman filed the revision petition and it came up in the list in January 2006. It appeared that the revision had not been admitted so far and on January 18, 2006, the government advocate had taken notice. Thereafter, the revision stood adjourned. Though the revision was not admitted and no stay of the Sessions proceedings was ordered, the trial court had not proceeded with the trial.
The government advocate submitted that the sessions case was adjourned periodically for the only reason that the revision petition was pending before the High Court. Nearly seven months ago, an accused absented himself and a non-bailable warrant (NBW) was issued. “This court feels that the trial has been pending simply before the trial court for years together. Neither the investigating officer nor the prosecutor took steps either to bring the revision petition for disposal or pleaded before the trial court to proceed with the trial. In fact, a Special Public Prosecutor had been appointed to appear in the case before the trial court. It appears the idea and purpose of the Fast Track Court itself has been defeated.”
Mr. Justice Sudanthiram directed the investigating officer to execute the NBWs. If the accused were secured, the Sessions Judge should proceed with the trial on a day-to-day basis expeditiously.
