C. ANANDANE Vs. STATE

JUDGEMENT

(1.) This Petition is filed, seeking to transfer the case in Spl. C.C. No. 1 of 2008 from the file of the learned Special Judge (under the Prevention of Corruption Act), Puducherry, to any other appropriate Court. Mr. N.R. Elango, the learned Senior Counsel for the petitioner has submitted that, after the examination of D.W. 1, it was realised that 9 more witnesses have to be examined. Hence, the Petition, viz., Crl. M.P. No. 996 of 2014 was filed on 04.08.2014, for examination of nine witnesses. The said Petition was dismissed by the learned Special Judge, by order, dated 13.08.2014, and the same is challenged in Crl. R.C. No. 856 of 2014. Even after Crl. R.C. No. 856 of 2014 was listed by this Court, and the same was brought to the knowledge of the learned Special Judge, the learned Special Judge was insisting upon the petitioner to proceed with the arguments. Therefore, the petitioner has apprehension that the learned Special Judge has pre-determined the issue.

(2.) The learned Senior Counsel for the petitioner also submitted that, Crl. O.P. No. 22500 of 2014, was filed by the petitioner's son, challenging the jurisdiction of CBI to conduct the investigation, Crl. O.P. No. 24323 of 2014 was filed by the petitioner for altering the charge by reason of death of his wife/third accused. The said two Petitions are pending before this Court. Eventhough the same was brought to the knowledge of the learned Special Judge, he did not wait for disposal of those Petitions by this Court and insisted upon the petitioner to argue the case. Therefore, the petitioner is apprehending that he may be jeopardised. Hence, the present Petition was filed to transfer the case to some other court.

(3.) The learned Senior Counsel for the petitioner also submitted that, as per Section 3 of Prevention of Corruption Act (P.C. Act), the Central Government or the State Government, by notification in the Official Gazette, appoint as many Special Judges, as may be necessary for such area or areas or for such case or group of cases as may be specified in the notification to try the offences, viz., a) Any offence punishable under this Act; b) Any conspiracy to commit or any attempt to commit or any abetment of any of the offences specified in clause (a) of P.C. Act and the person shall not be qualified for appointment as a Special Judge under this Act, unless, he is or has been a Sessions Judge or an Additional Sessions Judge or an Assistant Sessions Judge under the Code of Criminal Procedure.