P RAVI Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) Petitioner, praying to direct the designated TADA Court, Trichy to keep in abeyance the case in C.C.No.5/2002 until it dispose of the TADA case in C.C.No.43/1995, has come forward to file the above criminal original petition before this Court on averments such as that he is implicated as accused No.18 in the FIR registered by the Ammapettai Police in Cr.No.429/1994 under Sections 120-B,302,332,324 of IPC and Section 2(3) of TNPP (P&L) Act, 1992, Sections 4 and 5 of the Explosive Substances Act, Section 25(2) of the Indian Arms Act, Sections 3,4,5 and 6 of TADA (P) Act, 1987 and Section 13(2) of The Unlawful Activities (Prevention) Act; that the charge sheet was laid on 16.11.1994 in the said case and not only an NBW was issued against him but also he was announced as a proclaimed offender.

(2.) The petitioner would further submit that he was produced before the TADA Court on 16.4.1995 and gave a statement under Section 164(5) Cr.P.C. and he was remanded to judicial custody; that yet another case on a private complaint filed in the Court of XVI M.M., G.T. Chennai was taken on file for alleged offences punishable under Sections 193,211,469,307 and 109 r/w.120-B IPC and the said Court, under Section 156(3) Cr.P.C. directed the Central Crime Branch Police, Chennai or any other appropriate jurisdictional police to register a case, investigate into and file a final report and the respondent filed the final report in his Cr.No.403/2001 for offences made out under Sections 193,211 and 469 IPC on the file of the Court of Additional Metropolitan Magistrate, Egmore, Chennai and the said case was also transferred to the designated TADA Court, Trichy.

(3.) In the final phase of the above criminal original petition, the petitioner would further submit that both the cases are pending before one and the same TADA Court, Trichy and the said Court is yet to decide whether he is an accused in the said case or not. The petitioner, then quoting Section 17 of the TADA Act, would pray for the relief extracted supra.