NKKP RAJA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This civil miscellaneous appeal is purported to have been filed under Section 11 of the Criminal Law (Amendment) Ordinance, 1944. The appellants herein figure as Accused 1 to 3 in Special C.C.No.22/2012 pending on the file of the learned Special Judge, Special Court for trial of cases under the Prevention of Corruption Act, 1988, Coimbatore.

(2.) Based on the authorisation given by the State Government, the respondent chose to file an application before the Special Judge under Section 3 of the Criminal Law (Amendment) Ordinance, 1944 for attachment of the properties of the appellants herein. Though the application came to be filed by the respondent as an Original Application, the Special Judge chose to take it on file as a Criminal Miscellaneous Petition assigning the number Crl.M.P.No.336/2013 in Special C.C.No.22/2012. The said order is sought to be challenged invoking the appellate powers conferred on this court under Section 11 of the above said Ordinance.

(3.) A preliminary objection has been raised on behalf of the respondent regarding the maintainability of the appeal on the following grounds: