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1999 Supreme(Mad) 1072

K.GOVINDARAJAN
L. BHUPATHY – Appellant
Versus
UNION OF INDIA – Respondent


For the Appearing Parties:A.V. Somasundaram, G. Sankaran, Lakshmi Priya, Advocates.

Judgment :

( 1 ) THE petitioner has filed the above writ petition to declare that Section 19 (3) (c) of prevention of Corruption Act, 1988 (hereinafter called the Act) is unconstitutional and void in so far as the petitioner is concerned.

( 2 ) ACCORDING to the petitioner, the 3rd respondent filed charge-sheet against the petitioner before the IX Addl. City Civil judge-cum-Principal Special Judge for CBI cases, Chennai in Crime No. R. C. 50 (A)/94 under Sections 7 and 13 (2) readwith section 13 (1) (d) of the Act. The said case has been numbered as C. C. No. 203 of 1997. Thereafter, the petitioner moved a petition before the said Court under Section 395, criminal Procedure Code, questioning the jurisdiction of the trial Court, in view of the fact that no valid notification has been issued by the Central Government as contemplated under Section 4 (2) of the Act, and prayed for an order to make reference to the High court. The trial Court dismissed the said petition. On these backgrounds the petitioner has approached this Court, questioning the constitutional validity of the said provision.

( 3 ) THE learned Counsel appearing for the petitioner has submitted that by introducing the s













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