KARNATAKA HIGH COURT
Subhash B. Adi, J.
Selvi J. Jayalalithaa v. State
Crl. P. No. 3748 of 2010
1. Criminal Petition No.3766/2010 is by the Superintendent of Police, Special Investigation Cell, Chennai represented by Special Public Prosecutor, Bangalore. Criminal Petition No.3748/2010 is by accused No.1.
2. These two criminal petitions are directed against the order dated 22nd July, 2010 passed by the Special Judge and 36th Addl. Sessions Judge, Bangalore, in Special C.C.No.208/2004.
3. Petitioner in Criminal Petition No.3748/2010 has sought for quashing of portion of the order dated 22nd July, 2010 on I.A. No.396 passed in Special C.C.No.208/2004. Prayer reads as under:
"Hence, the petitioner / A1 most humbly prays that this Hon'ble Court may be pleased to call for the entire records in I.A.No.396 of Special C.C.No.208 of 2004 Special Judge and 36th Additional Sessions Judge (CCH - 37) at Bangalore and to quash or set aside the order dated 22.7.2010 in LA.No.396 of Special C.C.No.208 of 2004 Special Judge and 36th Addl. Sessions Judge (CCH - 37) at Bangalore except the portion giving "liberty to the accused to rectify the defects with the help of Experts and direction to the accused to furnish the names of the Experts" and to allow the I.A. 396 of Special C.C.No.208 of 2004 of the abovesaid Court and to order scrapping of available defective translated version of entire evidence and to order de novo translation of the entire evidence (both oral and documentary) of this case from Tamil to English in the manner known to law and to order to supply of the copy of the true translation of evidence to the petitioner / A1 and grant such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice."
4. Petitioner in Criminal Petition No.3766/2010 has sought for prayer as under:
(a) set aside the following directions:
"If really the portion shown in Column No.4 of the Annexures, which are filed along with the objections of A - 1 and A - 3 are defective translated versions, then the accused are at liberty to get it rectify either by calling the persons, who are connected to the said translation work or to refer the same to some other Expert, who is well versed in both the languages i.e., Tamil and English.
To avoid further complications, the name of the Expert shall be chosen by both the sides in the event if the accused prefers to get the help of the Experts to rectify the alleged defects or mistakes in translation version in English. Accordingly I.A.No.396 is disposed of and the written objections filed by A - l and A - 3 are taken on Records."
issued by the Special Judge and 36 Additional Sessions Judge, Bangalore City Learned Magistrate in the order dated 22.7.2010 passed in I.A.No.396 in Spl. C.C.No.208/2004 and produced hereto as Annexure - A.
(b) Further direct the speedy disposal of the proceedings in C.C.No.208/2004 pending on the file of the Special Judge and XXXVI Addl. Sessions Judge, Bangalore City as per the directions of the Hon'ble Supreme Court dated 18/11/2003 passed in Transfer Petition (Crl) No. 77-78/2003."
5. Parties are referred as per their ranking before the trial Court.
6. Brief facts leading to filing of these criminal petitions are that, between 1991 to 1996 the accused No. 1 was the Chief Minister of State of Tamil Nadu, she represented a political party by name 'All India Anna D.M.K. (AIADMK)'. She was defeated in general election in 1996 and another political party by name 'D.M.K.' was voted to power. Complaint was filed alleging that, the accused No. 1 committed offence by abusing the official position. On the basis of the complaint, and on investigation, accused No.1 and others were charge - sheeted for an offence punishable under S.120 - B, IPC read with S.13(2) read with S.13(1) Clause (e) of the Prevention of Corruption Act on the allegation of accumulation of wealth of Rs.66.65 crores disproportionate to the known source of income of the accused No. 1, on filing of the charge sheet, the jurisdictional Court took cognizance and a crimin
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