J. JAYALALITHA Vs. THE STATE

JUDGEMENT

(1.) THE Petitioner herein filed an application before the XIII Additional Sessions -cum -Special Judge, Madras in Crl.M.P. No. 281 of 1997 in C.C. No. 4 of 1997, praying to adjourn the case to some other date, in view of the pendency of S.L.P.(Criminal No. 3290 of 1997) on the file of the Supreme Court.

(2.) A private complaint was laid by one R.S. Bharathi against the petitioner herein under Section 169 of Indian Penal Code. The gist of the private complaint is that the petitioner herein, while she was the Chief Minister of the State of Tamil Nadu, purchased certain properties from TANSI and that such a purchase was irregular and opposed to the norms and rule and that such a purchase by the petitioner, who is legally bound as a public servant, not to purchase or bid for the property either in her own name or in the name of another, is an offence liable to be punished under Section 169 of Indian Penal Code.

(3.) WITH reference to the alleged offence of purchase of land, building belonging to TANSI, investigation was taken up by the Q Branch, CB CID, Chennai and they have filed, after investigation, final report. Therefore, the petitioner herein, filed an application under Section 309 of Criminal Procedure Code, for postponement of the said proceeding initiated on the report of Additional Superintendent of Police, "Q" Branch, CB CID, Chennai. The CB CID had filed the charge -sheet against the petitioner and five others under Sections 120 -B, 409, 420 read with 34, 169 of Indian Penal Code and under Section 13(2) read with 13(1)(d) of Prevention of Corruption Act.