IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19/01/2005
CORAM
THE HONOURABLE MR JUSTICE M. CHOCKALINGAM
CRIMINAL ORIGINAL PETITION NO.29340 OF 2004
Dharamchand ... Petitioner
-Vs-
1. State
rep. by Inspector of Police
E-1, Mylapore police Station
Chennai 600 004.
2. Jagan @ Jagadeesan
3. Sundar
4. Murugan @ Nondi Murugan
5. Anbu @ Chinnaboobalan
6. Hussain
7. Appu @ Krishnasamy
R2 to R6 were impleaded by order
of this Court dated 19.1.2005
in Crl.M.P.No.325 of 2005 ... Respondents
Criminal Original Petition filed under Section 407 of Cr.P.C. to pass
an order withdrawing the S.C.No.7 of 2004 from the file of Additional Sessions
Court for execlusive trial of Bomb Blasts Cases, Chennai at Poonamallee and to
transfer the same to the Principal Judge, City Civil and Sessions Court,
Chennai or any other Additional Sessions Judge in the City Civil and Sessions
Court at Chennai for enquiry and trial according to law.
!For Petitioner : Mr. R. Natarajan
^For 1st Respondent : Mr.K.Venkataramani, Spl.P.P.
for Mr.S.Jayakumar, A.P.P. &
Mr. A.N. Thambidurai, G.A.
Mr.G.M.Syed Fasiuddin
:O R D E R
This Criminal Original Petition has been brought forth seeking to pass
an order withdrawing the S.C.No.7 of 2004 from the file of Additional Sessions
Court for exclusive trial of Bomb Blasts Cases, Chennai at Poonamallee and to
transfer the same to the Principal Judge, City Civil and Sessions Court,
Chennai or any other Additional Sessions Judge in the City Civil and Sessions
Court at Chennai for enquiry and trial according to law.
2. Heard the learned counsel appearing for the petitioner and the
learned Special Public Prosecutor appearing for the State.
3. The only contention putforth by the learned counsel for the
petitioner is that the petitioner is shown as an accused in the said case
pending on the file of the Additional Sessions Court for exclusive trial of
Bomb Blasts Cases, Chennai at Poonamallee in S.C.No.7 of 2004. The case which
has been taken on trial should be conducted only by any one of the Courts with
the competent jurisdiction within the city of Madras. The respondent
registered a case in Crime No.1139 of 2001 for the offence under Sections 448,
307, 332, 506(ii) IPC and 3(1) of the Indian Explosive Substance Act on
7.6.2001 on the basis of the complaint given by the Sub Inspector of Police
attached to E-1, Mylapore Police Station against one Jagadeesan and three
others. The petitioner was added as an accused along with others. On
completion of investigation, a final report filed before the XVIII
Metropolitan Magistrate, Chennai in Crime No.1139 of 2001 for an offence under
Sections 452, 307, 332, 306(ii) IPC and 120-B IPC and 109 IPC and 3,6,4 9(a)
of the Indian Explosive Substances Act was taken on file in P.R.C.No.36/2003
by the said Court and after comm ittal taken on file in S.C. No.7 of 2004.
4. Added further the learned counsel for the petitioner that the
final report does not indicate that the alleged act of bomb blast has been
committed by any fundamentalist organisation and if that be so, the regular
Sessions Court having territorial jurisdiction alone is competent to hold
trial. Under the circumstances, the case should not have been taken on file
before the Bomb Blasts Court exclusively constituted for the purpose of Bomb
blast cases and, hence, it becomes necessary for transfer of the case to the
regular Sessions Court within the City of Madras.
5. Learned counsel for the petitioner would further add that from the
notification issued by the Tamil Nadu Government in G.O.Ms.No. 700, Home
(Court II), dated 3.7.2000 and further notification dated 19.7.2000, it would
be clear that the case should not have been taken on file by the Sessions
Court for exclusive trial of Bomb Blasts Cases, Chennai at Poonamallee and
hence, it has to be transferred to the Principal Judge, City Civil and
Sessions Court, Chennai or any other Additional Sessions Judge in the City
Civil and Sessions Court at Chennai.
6. Heard the learned Special Public Prosecutor appearing for the
State on the above contentions.
7. After careful consideration of the rival submissions made, this
Court is of the considered opinion that the criminal original petition carries
no merits and requires an order of dismissal.
8. Admittedly, a case came to be registered by the respondentpolice
for an occurrence that had taken place on 7.6.2001, on the basis of the
complaint given by the Sub Inspector of Police attached to E-1, Mylapore
Police Station, Chennai against the four accused and pending investigation
some other accused were added including the petitioner. A final report was
submitted before the XVIII Metropolitan Magistrate, Madras and on committal
the case is now pending trial before the Additional Sessions Court for
exclusive trial of Bomb Blasts Cases, Chennai at Poonamallee.
9. The only contention putforth by the learned counsel for the
petitioner herein is that three Government Orders came to be passed by the
Tamil Nadu Government and they were meant only for the purpose of conduct of
trial in which the fundamentalist organisation was involved. But in the
instant case it is not so and hence the case would not fall within the
jurisdiction of the Courts, which were specially constituted for the specific
purpose and hence it has to be transferred to the Court of Principal Sessions,
which is situated in the city of Madras.
10. Three Government Orders, which were placed in the hands of the
Court were perused. On a perusal of the same, the Court has to necessarily
disagree with the contention made by the learned counsel for the petitioner.
The last Government Order came to be passed on 20.4.2001 , wherein the
amendment was introduced reads as follows:-
” In the said notifications, for the expression “bomb blasts and seizure of
bombs or explosive substances involving any fundamentalist organization”, the
expression “bomb blasts, seizure of bombs and explosive substances involving
any fundamentalist organization as bomb blasts cases and police station
attacks involving Tamil Nadu Liberation Army or Tamil Nadu Retrieval Troop or
people War Group” shall, respectively, be substituted.”
11. A reading of the above Amendment would indicate that it was done
only with a view to and it became necessary also to transfer the bomb blast
cases pending in different Courts to these specially constituted Courts. The
said Amendment would clearly indicate that the bomb blast cases though not
involve fundamentalist organizations to be transferred and tried by the Court
specially constituted for the said purpose. Hence, it is needless to state
that the Court i.e., the Sessions Court constituted for exclusive trial for
bomb blast cases is well vested with the jurisdiction and could proceed with
the matter in question. The Court is unable to notice any merit in the
contentions putforth by the learned counsel for the petitioner. The criminal
original petition fails and the same is dismissed. The stay already granted
by this Court is vacated.
Index : Yes
Internet : Yes
kb
To
1. State
rep. by Inspector of Police
E-1, Mylapore police Station
Chennai 600 004.
2. The Public Prosecutor
High Court, Madras.