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Madras High CourtCRL OP/17509/2020granted

The Inspector Of Police v. T.Chandrasekar

2020-11-09Honourable Mr Justice P. N. Prakash4 pages

P.N.PRAKASH,J.

This case is taken up through video conferencing. 2.

This criminal original petition is filed seeking to grant special leave to file the above appeal against the order of acquittal dated 20.12.2019 in C.C.No.29 of 2015 on the file of the Principal Special Judge for CBI Cases, VIII Additional City Civil Court, Chennai - 104. 3.

The petitioner/complainant initiated a prosecution in C.C.No.29 of 2015 against the respondents/accused herein, in which, the Principal Special Judge for CBI Cases, VIII Additional City Civil Court, Chennai - 104, by judgment and order dated 20.12.2019, acquitted the respondents of the offences under Section 511 r/w 201 IPC and Section 120-B IPC r/w Sections 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988.

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4.

Challenging the order of acquittal, the petitioner/State has preferred the present petition seeking special leave. 5.

During the course of hearing, Mr.K.Srinivasan, learned Special Public Prosecutor for CBI Cases submitted that T.Chandrasekar (A1)/first respondent herein has died on 08.10.2020 and therefore, no special leave can be granted qua T.Chandrasekar (A1).

6.

On reading the judgment and order of the trial Court, there are prima facie materials to show that the trial Court had fallen in error in acquitting the second respondent/A2 by mis-appreciation of the evidence on record. Further, the complainant has raised substantial grounds in the appeal which require detailed appraisal. Hence, leave granted. The Registry is directed to number the appeal, if the same is otherwise in order.

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To 1.The Principal Special Judge for CBI Cases, VIII Additional City Civil Court, Chennai - 104. 2.The Public Prosecutor, Madras High Court, Chennai -104.

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P.N.PRAKASH, J.

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