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2020 Supreme(Mad) 1095

M.DHANDAPANI
V. Sridharan – Appellant
Versus
State, by Deputy Superintendent of Police, V & AC, Alandur – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:R. Shanmugasundaram, SC, for S. Anbalagan, Advocate.
For the Respondent: K. Srinivasan, Spl. PP, Iyyapparaj, APP.

JUDGMENT :

(Prayer: Criminal Original Petition filed u/s 482 of the Code of Criminal Procedure, to call direct the Special Judge for Cases under the Prevention of Corruption Act – cum – Chief Judicial Magistrate, Thiruvallur, to take the Petition in Crl. M.P. No.9430/2019 dated 22.10.19 on file and to dispose of the same on merit.)

1. A piquant situation has arisen in this case, which has prompted the petitioner to file this petition before this Court.

2. The petition filed before the District and Sessions Court has been returned directing the petitioner to seek the relief of anticipatory bail before the proper forum. Equally, the petition filed before the Special Court to deal with cases under the Prevention of Corruption Act (for short 'PC Act') has been returned as not maintainable before the Chief Judicial Magistrate Court. The petitioner, therefore, left with no other alternative, is constrained to knock the doors of this Court, by preferring the present petition praying this Court for a direction to the Special Court to deal with cases under the Prevention of Corruption Act to take up the petition filed for anticipatory bail on file and hear the same on merits.

3. The brief facts

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