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2018 Supreme(Mad) 2869

P.N.PRAKASH
C. Ganesan – Appellant
Versus
State Represented by the Inspector of Police, Q-Branch CID, Chennai – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:P. Pugalenthi, Advocate.
For the Respondent: M. Prabhavathi, Additional Public Prosecutor.

JUDGMENT :

1. This Criminal Original Petition has been preferred seeking to direct that the trial of S.C. No.90 of 2013, which is pending before the Sub Court, Tambaram, Chennai, be transferred to the Special Court for exclusive trial of bomb blast cases, Poonamallee, Chennai.

2. The petitioner is facing prosecution in S.C. No.90 of 2013 before the Assistant Sessions Judge (Sub Judge), Tambaram, Chennai, for the offences under Section 120-B read with Section 20 Unlawful Activities (Prevention) Act, 1967 (for brevity “the ULPA”) and Section 5 of the Explosive Substances Act, 1908 (for short “the ESA”). While so, this Criminal Original Petition has been preferred seeking the aforesaid relief.

3. At the outset, it is worth pointing out that this is the second round of petition filed before this Court in respect of transfer of S.C. No.90 of 2013 on the file of the Sub Court, Tambaram, Chennai, the first transfer application being Crl.O.P.No.3758 of 2017, filed by co-accused by name Jesuraja, which was dismissed by this Court on 06.07.2018. Strangely, the petitioner has not disclosed this fact in his petition.

4. Crl.O.P. No.3758 of 2017 was filed by co-accused Jesuraja on the premise that











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