(Navin Sinha and Ajay Rastogi, JJ.)
State Represented by the Additional Superintendent of Police _______________________________________ Petitioner/Appellant
v.
Vaidhiyanathan etc. _____________________________ Respondent(s).
Criminal Appeal Nos. 384-386 of 2021 (@ Special Leave Petition (Criminal) Diary No(s). 38699 of 2019), decided on April 6, 2021
The Order of the court was delivered by
Order
1. The petitioner assails the order dated 5th January, 2018 passed by the High Court of Judicature at Madras, discharging A-2, A-4 and A-23 of the charges under Sections 120-B read with 407 IPC alternatively 380 IPC, 120-B read with 272 IPC, 119 read with 407 IPC.
2. There is a delay of approximately 567 days in filing the special leave petition. An application has been filed for condoning the delay on grounds mentioned therein. Contentions and counter contentions have been raised to condone, and not to condone the delay. We have considered the same. In the nature of the order that we propose to pass, the intervening developments which have taken place in the meantime, we consider it proper to condone the delay in the peculiar facts and circumstances of the case.
3. Leave granted.
4. There are several accused. Our attention has been invited to the fact that at the behest of one of the accused in Criminal Original Petition No. 20398 of 2019 pending before the High Court, the entire trial has been stayed.
5. After hearing learned counsel for the parties, it emerges, that the High Court has completely mis-directed itself in allowing the discharge application on a non-existent presumption that accused Nos. 5 and 6 have been acquitted, and therefore, the very substratum of the allegations against the respondents vanishes as their names have been disclosed by the acquitted accused. Learned counsel for the appellant has invited our attention to the orders of acquittal of accused nos. 5 and 6 in Calendar Case No. 164 of 2014 and Calendar Case No. 27 of 2015, both under Sections 379, 457 and 380 IPC. It is apparent from the orders of acquittal that the allegations pertain to theft of cash bag from a motorcycle, and theft by house breaking. The acquittals have no connection with the charge-sheet filed in the present case relating to very different allegations with regard to siphoning of milk from lorries during the course of transportation, and then selling them in the market, mixing water in lieu thereof in the contents of the lorry, as alleged.
6. On that ground alone, keeping in mind the pendency of another application before the High Court where the entire trial has been stayed, we consider it proper to set aside the impugned order and remand matter to the High Court to hear the Miscellaneous Applications filed by the respondents challenging the rejection of their discharge application afresh in accordance with law. We request the High Court to hear the present matter along with Criminal Miscellaneous Petition No. 20398 of 2019.
7. The Appeals are disposed of in the aforesaid terms.
8. Pending application(s), if any, shall stand(s) disposed of.
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 38699/2019
(Arising out of impugned final judgment and order dated 05-01-2018 in CRLRC No. 1354/2017, CRLRC No. 1368/2017 and CRLRC No. 1372/2017 passed by the High Court of Judicature at Madras)
The State Represented by the Additional Superintendent of Police.….Petitioner(s)
v.
Vaidhiyanathan etc.….Respondent(s)
(FOR ADMISSION and I.R.
IA No. 173714/2019 – CONDONATION OF DELAY IN FILING
IA No. 173718/2019 – EXEMPTION FROM FILING O.T.)
Date: 06-04-2021 These matters were called on for hearing today.
(Before Navin Sinha and Ajay Rastogi, JJ.)
For counsel for the parties Mr. Jayanth Muth Raj, Sr. Adv.
Mr. M. Yogesh Kanna, AOR
Mr. R. Basant, Sr. Adv.
Ms. Srishti Govil, Adv.
Mr. Mayank Kshirsagar, AOR
Mr. Vanshdeep Dalmia, AOR
Mr. Sharath Chandran, Adv.
Mr. D. Durga Devi, Adv.
Mr. Mani Bhushan Sinha, Adv.
Mr. Pranab Prakash, AOR
UPON hearing the counsel the Court made the following
ORDER
9. Delay condoned.
10. Leave granted.
11. The appeals are disposed of in terms of signed order.
12. Pending application(s) shall also stand disposed of.
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