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Madras High CourtCRL OP/3950/2020disposed of

T.D.Naidu v. State By

2020-02-19Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.3950 of 2020 and Crl.M.P.Nos.2286 & 2357 of 2020 T.D.Naidu

...Petitioner/Accused-1

Vs.

1.State by the Inspector of Police, CBI-BS&FC, Bangalore.

RC.12(E)/2016.

...1st Respondent/Complainant 2.Deputy General Manager and Regional Head, Union Bank of India, Nodal Regional Office, Chennai.

...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records in C.C.No.1 of 2020 on the file of the learned XIV Additional Sessions Judge for CBI Cases, Chennai and quash the same. For Petitioner :Mr.A.Saravanan For Respondents :Mr.K.Srinivasan Special Public Prosecutor [CBI Cases] *****

ORDER

Criminal Original Petition has been filed to quash the proceedings in C.C.No.1 of 2020 pending on the file of the XIV Additional Sessions Court for CBI Cases, Chennai.

2.The learned counsel for the petitioner would submit that the offences are related to non-payment to the bank dues and production of forged records, for which the prosecution had laid down two charge sheets against the petitioner and others before the XIV Additional Sessions Judge for CBI Cases, Chennai in C.C.No.1 of 2020 and VIII Principal Sessions Judge for CBI Cases, Chennai in C.C.No.7 of 2017. Hence, this Court may issue a direction for simultaneous trial.

3.The learned Special Public Prosecutor appearing for the respondent would submit that the accused were involved in two similar cases one is pending on the file of the VIII Principal Sessions Judge for CBI Cases, Chennai in C.C.No.7 of 2017 and another on the file of the XIV Additional Sessions Court for CBI Cases, Chennai in C.C.No.1 of 2020. He would further submit that he has no objection for conducting simultaneous trial. 4.In view of the limited request made by the learned counsel for the petitioner, this Court issues the following directions:- (i)The VIII Principal Sessions Judge for CBI Cases, Chennai and the XIV Additional Sessions Court for CBI Cases, Chennai, are directed to transfer the entire cases in C.C.Nos.7 of 2017 & 1 of 2020 to the file of the XI Additional Principal Sessions Judge for CBI Cases, Chennai.

(ii) On receipt of the same, the XI Additional Principal Sessions Judge for CBI Cases, Chennai, is directed to conduct simultaneous trial in both the cases by listing the case on the same day.

5.With the above directions, this Criminal Original Petition is disposed of. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar vv2

To 1.The XIV Additional Sessions Judge for CBI Cases, Chennai.

2.The VIII Principal Sessions Judge for CBI Cases, Chennai.

3.The XI Additional Principal Sessions Judge for CBI Cases, Chennai.

4.The Deputy General Manager and Regional Head, Union Bank of India, Nodal Regional Office, Chennai.

5.The Inspector of Police, CBI-BS&FC, Bangalore.

6.The Special Public Prosecutor, High Court, Madras.

Crl.O.P.No.3950 of 2020 NMI(CO) GS(26/05/2020)