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Madras High CourtCRL OP/11646/2021disposed of

M/S.Tamilnadu Real Estates v. The State Rep.By

2021-07-08Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.11646 of 2021 M/s.Tamil Nadu Real Estates Pvt.Ltd., Rep.by its General Manager, Mr.P.Kesan, No.15, Nungambakkam High Road, Chennai 600 034.

...Petitioner

.vs.

The State Rep. by the Inspector of Police, Central Crime Branch, Team XVIII A, Egmore, Chennai 600 008.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to transfer the case in C.C.No.44 of 2013, pending on the file of the Special Metropolitan Magistrate, Special Court for Exclusive Trial of Land Grabbing Cases-I, Periyamedu, Chennai to the Chief Metropolitan Magistrate Court, Egmore, Chennai and to proceed in accordance with law.

For Petitioner : Mr.M.Mohamed Riyaz For Respondent : Mr.A.Damodaran Government Advocate (Crl. Side)

ORDER

This Petition has been filed seeking a direction to transfer the case records in C.C.No.44 of 2013 from the file of the Special Metropolitan Magistrate, Special Court for Exclusive Trial of Land Grabbing Cases-I, Periamedu, Chennai to the file of the Chief Metropolitan Magistrate Court, Egmore, Chennai.

2. During the course of hearing, it is represented by the learned counsel for the petitioner as well as the learned Government Advocate (Crl. Side) that on 05.08.2019, this Court has passed an order in an identical matter viz., Crl.OP. No.20889 of 2019 and that the same order can be passed in this matter as well.

3. On a reading of the order dated 05.08.2019, it is found that this Court, in exercise of its jurisdiction under Sections 482 and 483 Cr.PC, has directed the Special Court for exclusive trial of Land Grabbing Cases I & II, Allikulam, Chennai to return the final report to the Central Crime Branch, Chennai, i.e., the respondent therein, to enable the Central Crime Branch, Chennai to file the final report before the concerned Jurisdictional Court and further directed that the above said exercise to be completed within a particular time frame and also issued directions to the Jurisdictional Court to take further action in accordance with law and conclude the case as expeditiously as possible.

4. Considering the above said order passed by this Court in Crl.OP.No.20889 of 2019, the Special Metropolitan Magistrate, Special Court for Exclusive Trial of Land Grabbing Cases-I, Periyamedu, Chennai is directed to adhere to the above said direction and accordingly transfer the case in C.C.No.44 of 2013, from the file of the Special Metropolitan Magistrate, Special Court for Exclusive Trial of Land Grabbing Cases-I, Periyamedu, Chennai to the file of the Chief Metropolitan Magistrate Court, Egmore, Chennai, within two weeks from the date of receipt of a copy of this order for concluding the case expeditiously as per law.

5.Accordingly, this petition is disposed of.

s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar kp To 1.The Inspector of Police, Central Crime Branch, Team XVIII A, Egmore, Chennai 600 008.

2. Chief Metropolitan Magistrate Court, Egmore, Chennai

3. The Special Court for Exclusive Trial of Land Grabbing cases - I, Periamedu, Chennai.

4. The Public Prosecutor, High Court, Madras.

+3cc to Mr.M.Mohamed Riyaz, Advocate, Sr.31899 CRL.O.P.No.11646 of 2021 PCH[co] NSK 27/08/2021