M KARUNANIDHI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIRU M. Karunanidhi, former Chief Minister of Tamil Nadu, is the petitioner in the criminal revision case as well as in the criminal miscellaneous petition. The revision is directed against the order of the Special Judge appointed under S. 6 of the Criminal Law Amendment Act, 1952, disposing of Cri. M. P. No. 2384 of 1976 in C. C. No. 27 of 1976. The prayer in Cri. M. P. No. 2384 of 1976 was to discharge the petitioner under S. 239 of the Cri. P. C. , 1973. By the order sought to be revised the prayer was refused. Cri. M. P. No. 429 of 1977 purports to be under S. 482 of the Cri. P. C. , 1973, and the prayer therein is that the proceedings of the Special Judge in C. C. No. 27 of 1976 on his file be quashed.

(2.) THE arguments advanced in the revision as well as in the criminal miscellaneous petition were the same and the revision case and the criminal miscellaneous petition are therefore being disposed of by this common judgment.

(3.) THE Acts with which we are concerned are the I. P. C. , the Code of Criminal procedure, 1973, the Prevention of Corruption Act, 1947, the Criminal Law (Amendment) Act, 1952, and the Tamil Nadu Public Men (Criminal Misconduct)Act, 1973. We shall refer to these enactments hereafter as the Penal Code, the procedure Code, the Corruption Act, the Criminal Law (Amendment) Act, and the State Act and to the first four compendiously as the Central Laws.