V.SRIDHARAN Vs. STATE

JUDGEMENT

(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 and 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.