ORDER

This Criminal Original Petition filed, under Section 482 Cr.P.C., seeking orders, to call for the records in connection with the order dated 26.02.2021 in S.C.No.25 of 2019 on the file of the learned Principal District and Sessions Judge, Madurai and set aside the same and consequently, re-transfer the Spl.S.C.No.24 of 2021 on the file of the learned Special Court (MMDR Act Cases), Madurai to the Court of the learned Principal District and Sessions Judge, Madurai.

2. The respondent has registered a case in Crime No.187 of 2012, for the offence under Sections 4 and 5(a) of Explosive Substances Act, 1908 against the petitioner and others. After completing the investigation, charge sheet came to be filed before the Judicial Magistrate Court, Melur and the case was taken on file in P.R.C.No.42 of 2013, for the offence under Sections 3(a), 4(a), 4(b), 5(a) r/w 6 of Explosive Substances Act 1908 r/w 120 (B) of IPC against nine accused including the petitioner. After completion of mandatory formalities, the case was committed to the Principal Sessions Court, Madurai and the same was taken on file in S.C.No.25 of 2019. After the constitution of Special Court to deal with the cases in Mines and Minerals (Development and Regulation) Act, Madurai, the above case was made over to the Special Court and the case was taken on file in Spl.S.C.No.24 of 2021 and the same is now pending on the file of the Special Court to deal with the cases in Mines and Minerals (Development and Regulation)

Act, Madurai.

3. It is also not in dispute that the Special Court, has already framed the charges and when the case stands posted for trial, the above petition came to be filed.

4. The main contention of the petitioner is that the Special Court was constituted only to try the cases relating to the offences in contravention of MMDR Act and that the Special Court is not empowered to try the cases under the Explosive Substances Act or under IPC independently.

5. The learned counsel for the petitioner has relied on a decision of this Court in Shanthi and another Vs. State rep.by the Inspector of Police, Melur Police Station, Melur, Madurai in Crl.R.C.(MD)No.689 of 2022, dated 12.10.2022, and whereas the learned Additional Public Prosecutor has relied on the decision of this Court in G.Gopalakrishnan Vs. State rep.by the Deputy Superintendent of Police, District Crime Branch, Madurai and others in Crl.O.P.(MD)No.2127 of 2022.

6. As rightly pointed out by the learned counsel for the petitioner, the decision in G.Gopalakrishnan's case was referred and considered by this Court in Shanthi's case above referred. It is necessary to refer the following passages in Shanthi's case :

“11. The Government of Tamil Nadu has issued a Government Order in G.O.Ms.No.355, dated 11.04.2017, granting sanction for Constitution of a Special Court in the cadre of District Judge at Madurai to deal with the cases of offences in contravention of the provisions of the Mines and Minerals (Development and Regulation) Amendment Act, 2015.

12.Even in the said Government Order, it has been specifically mentioned that the Special Court is being constituted to deal with the cases of the offences in contravention of the provisions of the Mines and Minerals (D&R) Act 2015. Subsequenlty, the Government issued another Government Order in G.O.Ms.1564, dated 14.09.2018, for Constitution of a Special Court in the cadre of District Judge at Madurai, to deal with the cases of offences in contravention of the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 in Madurai District. Another Government Order in G.O.Ms.No.298, dated 13.06.2019, came to be issued for designating the Court of Principal Judge / City Civil Court, Chennai and the Principal District Courts / District Courts in each Judicial District, in the State of Tamil Nadu as Special Courts to try the cases filed under the Mines and Minerals (Development and Regulation)

Act, 1957 (as amended by Act 10 of 2015).

13. The learne