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 of the case is that the petitioner is an accused in Crime No.20/2019, which was registered for an u/s 7 of the Prevention of Corruption Act, which is under investigation. The petitioner, apprehending arrest by the respondent, on 15.10.2019, moved an anticipatory bail application u/s 438 Cr.P.C. before the District & Sessions Judge, Thiruvallur. However, the said petition was returned with an endorsement to file it before the proper forum. Subsequent to the said direction, the petitioner preferred another petition on 21.10.19 in Crl. M.P. No.9430/2019, which was listed before the Special Judge-cum-Chief Judicial Magistrate, dealing with Prevention of Corruption Act cases on 22.10.19. However, the said petition was also returned with an endorsement as to how the petition u/s 438 Cr.P.C. is maintainable before the Court of Chief Judicial Magistrate. In view of the above ambiguity raised by the two forums with regard to lack of jurisdiction, left with no other alternative, the petitioner has filed the present petition before this Court for a direction to the Special Judge for cases under the Prevention of Corruption Act-cum-Chief Judicial Magistrate at Thiruvallur to take the abovesaid petition on file and dispose of the same on merit.

4. Mr.Shanmugasundaram, learned senior counsel appearing for the petitioner submits that the petitioner was implicated for the offence u/s 7 of the PC Act and apprehending arrest at the hands of the 1st respondent, the petitioner preferred anticipatory bail petition, initially before the District & Sessions Court, Thiruvallur, in which the petitioner was directed to approach the proper forum. Subsequent to the said direction, the petitioner filed anticipatory bail application before the Special Court constituted u/s 5 of the PC Act.

5. Learned senior counsel for the petitioner submits that Section 5 of the PC Act stipulates that the Special Judge shall be deemed to be a Court of Session and, therefore, for all purposes, the Special Judge is vested with jurisdiction to entertain the petition for anticipatory bail. Learned senior counsel also drew the attention of this Court to Section 3 (2) of the PC Act which prescribes the qualification for appointment of Special Judge, which stipulates that the person, who is appointed as Special Judge should be holding the rank of a Sessions Judge or an Additional Sessions Judge or an Assistant Sessions Judge, as prescribed under the Code of Criminal Procedure.

6. Therefore, it is the submission of the learned senior counsel for the petitioner that the Special Judge, appointed under the PC Act, being an officer in the cadre of Sessions Judge or an Additional Sessions Judge or an Assistant Sessions Judge, is placed in an equivalent rank as that of the Sessions Judge in-charge of Court of S