K ARAVIND Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This petition has been filed praying to transfer the case in C.C.No.16 of 1998 from the Court of Special Judge, TNPID Act Cases, Chennai, to the Court of Chief Metropolitan Magistrate, Egmore, Chennai.

(2.) The averments of the petition are that the petitioners/accused have been charged for an offence punishable under Sections 120(B), 409, 420, 506(ii) IPC r/w. Section 109 IPC and Sections 3, 4, 5 and 6 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978; that the respondent police, upon receiving the complaint, registered the case under the above said Sections of law and after completing the investigation, they laid the charges against the petitioners/accused only under the above said provisions of law offences and on 05.12.1996, the charge sheet was filed in C.C.No.8271 of 1996 before the Court of Chief Metropolitan Magistrate, Egmore, Chennai.

(3.) . The further case of the petitioners are that the case in C.C.No.8271 of 1996 got transferred to the Special Judge, TNPID Act Cases, Chennai and it was renumbered as C.C.No.16 of 1998 without any information to the petitioners/accused and thereupon, the petitioners were regularly attending the above case before the Special Judge, TNPID Act Cases, Chennai; that Section 26 Cr.P.C. provides trial of the cases by the Special Court only if offences under special laws are included, whereas, in the above case, the respondent Police have filed the charge sheet only for the offences under IPC and Prize Chits and Money Circulation Scheme (Banning) Act, 1978 and not under Section 5 of TNPID Act, which is triable by the Special Court for TNPID Act in Chennai.