Crl.O.P.No:31737 of 2004 has been filed by the petitioner, who is a Member of the Tamil Nadu Legislative Assembly to quash C.C.No.23 of 2004 pending on the file of the IV Additional Sessions Court, Chennai.

2. Crl.O.P.No:31736 of 2004 has been filed by the wife of the petitioner in the aforesaid petition for the similar relief.

3. The brief facts of the contention of the petitioners are as follows:-

The respondent has filed final report/Charge sheet which is taken up as C.C.No.23 of 2004 for an offence punishable under Section 13(2) read with 13(1)(e) of the Prevention of Corruption Act under section 109 of IPC. According to the petitioners, the case has been registered only to wreak vengeance due to political animosity since the petitioner is a sitting MLA of Opposition party, viz., DMK party.

4. The grounds on which the petitioners want to quash the case filed against them are:-

(i) There are about Seven Special Judges appointed for the City of Chennai. As per the provision contained in Section 4(2) of the Prevention of Corruption Act, there are more Special Judges than one for such area the offences specified in Sub Section (1) of Section e shall be tried by such one of