LAWS(KAR)-2010-11-29

SELVI J JAYALALITHAA Vs. STATE

Decided On November 23, 2010
SELVI J.JAYALALITHAA Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) In this petition filed under Section 482 of Cr.P.C., the petitioner herein who has been arraigned as accused No. 1 in Special C.C. No. 208/2004 on the file of the XXXVI. Additional City Civil and Sessions Judge, Bangalore has sought for quashing the said criminal proceedings launched against her.

(2.) The brief facts leading to the presentation of this petition are as under:

(3.) Pursuant to such direction, the Government of Karnataka constituted 36th Additional City Civil and Sessions Judge as Special Court for tying Special C.C. No. 7/97 and Special C.C. No. 2 /2001 against the petitioner herein and others and those cases were transferred to the Special Court. Upon such transfer, the case in. Special C.C. No.7/97 was re-numbered as Special C.C. No. 208/2004 and Special C.C. No. 2/2001 was :renumbered as Special C.C. No. 209/2004. Special C.C. No. 208/2004 is now pending before the Special Court for consideration. It appears certain orders passed by the Special Court were challenged before the Supreme Court in SLP No. 3829-3830/2005 and further proceedings in Special C.C. No. 208/2004 and Special C.C. No. 209/2004, came to be stayed by the Supreme Court on 5.8.2005 and on 24.4.2009, the stay order was modified. Subsequently, it appears, the Special Public Prosecutor was permitted to withdraw the prosecution in Special C.C. No. 209/2004. In the light of that, the trial in Special C.C. No. 208/2004- continued.