Anubav plantation case: HC refuses relief to ex-director in case pending for 22 years

Even as he accepted that the matter has been pending for the past 22 years, Justice CV Karthikeyan said the actual role of the petitioner could be examined only when the evidence was analysed. The prosecution has justified the delay stating that some accused had died, some were absconding, one of the accused went abroad and such other factors, the judge added. 

“The prosecution cannot commence the trial if the accused make a determined effort to scuttle the trial process by alternatively absconding themselves. The accused will then have to face the consequences of delay in the trial process,” the court said. 

Agreeing to the petitioner’s contention that every accused has a right of speedy trial, Justice Karthikeyan also held that it must also be examined whether the accused were directly or indirectly responsible for such a delay. 

“Taking into consideration the magnitude of the offence involved, I am not inclined to quash the proceeding even though the calendar case has been pending for a considerable number of years,” the judge ruled. 

The judge then directed the Chief Metropolitan Magistrate (CMM) to examine if there was a deliberate attempt being made by the accused to absent themselves in turns from appearing before the court. He also directed the CMM to examine the possibility of splitting the case, and fixing a schedule for framing of charges against the accused who are present and appearing before the court and then fix a schedule for examination of witnesses and proceed with the trial at the earliest. 

As per the case, Govindaraj and other accused misappropriated substantial funds that were collected from the public after publishing advertisements guaranteeing teak timber at the end of 20 years and offering attractive dividends for fixed deposits.