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2003 Supreme(SC) 1156

H.K.SEMA, S.N.VARIAVA
K. Anbazhagan – Appellant
Versus
Superintendent Of Police Etc. – Respondent


JUDGMENT

Sema, J.-These two petitions have been preferred under Section 406 of the Code of Criminal Procedure, seeking transfer of CC No. 7 of 1997 and CC No. 2 of 2001 on the file of the XI Addl. Sessions Judge (Special Court No. 1) Chennai in the State of Tamil Nadu to a court of equal and competent jurisdiction in any other State. The facts are common in both the petitions. Reference to parties will be as arrayed in Transfer Petition No. 77 of 2003. We also propose to dispose of the petitions by this common judgment.

2. Brief facts leading to the filing of the present petition may be noticed. In 1991-96, the second respondent herein was the Chief Minister of Tamil Nadu. AIADMK party headed by the second respondent was defeated in the General Election held in 1996 and DMK party was voted to power. Special courts were constituted for the trial of cases filed against the second respondent and others, the constitution of which came to be upheld by this Court. Thereafter, in 1997, CC No. 7 was filed for the trial of respondent Nos. 2, 3, 4 and 5, who have been charge-sheeted for offences under Sections 120-B IPC, 13(2) read with 13(1)(e) of the Prevention of Corruption Act, 1988 (herei




































































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