Smnidhi Karti Chidambaram & Anr. v. Dy. DIT (Investigation) & Ors.

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The Tax PublishersCriminal Original Petn. Nos. 22136 of 2019 & 1527 of 2020 2020 TaxPub(DT) 4022 (Mad-HC) : (2020) 424 ITR 0030 : (2020) 316 CTR 0502 IN THE MADRAS HIGH COURT M. SUNDAR, J. Smnidhi Karti Chidambaram & Anr. v. Dy. DIT (Investigation) & Ors. Criminal Original Petn. Nos. 22136 of 2019 & 1527 of 2020 12 May, 2020 Petitioners by: K.T.S. Tulsi & Amit Desi with Kunal Vajani, Gopalakrishna Shenoy, Kunal Mimani for C. Uma & N.R.R. Arun Natarajan Revenue by: N. Baskaran, M. Sheela & Siddarth Respondent No. 3 by: Harihara Arun Somasankar Respondent No. 4 by: B. Vijay ORDER *M. Sundar, J.* This common order will dispose of these four 'criminal original petitions' (hereinafter 'Crl. O.Ps' in plural and 'Crl. O.P' in singular for the sake of brevity) and all 'criminal miscellaneous petitions' therein. 2.Crl. O.P. Nos. 22136 of 2019, 22137 of 2019, 1526 of 2020 and 1527 of 2020 shall be referred to as 'first Crl. O.P', 'second Crl. O.P', 'third Crl. O.P' and 'fourth Crl. O.P' respectively (wherever necessary and deemed appropriate) for the sake of convenience and clarity. There is no disputation or disagreement before this Court that there is no office and obviously no incumbent with regard to second respondent in first and second Crl. O.Ps. In other words, this Court is informed without any disputation or disagreement that second respondent in first and second Crl. O.Ps has been wrongly described and that in any event, presence of any alternative respondents is not necessary. In view of this undisputed position, second respondent in first and second Crl. O.Ps stands deleted. 3. Central theme to these four Crl. O.Ps is prayers for quashing and assailing transfer of two criminal complaints being E.O.C. Nos. 266 and 267 of 2018 originally on the file of Addl. Chief Metropolitan Magistrate's Court (E.O.-II), Egmore, Chennai, subsequently transferred to Special Court for trial of criminal cases related to elected M.Ps/M.L.As of Tamil Nadu at Chennai, at Singaravelar Maligai, Chennai (presided over by a Sessions Judge), wherein the two criminal complaints were taken on file as C.C. Nos. 15 and 16 of 2019 respectively. (To be noted, this Court is informed that 'E.O.' stands for 'Economic Offences' and 'M.P/M.L.A.' stands for Member of Parliament/Member of Legislative Assembly' respectively). These two criminal complaints shall hereinafter be referred to as 'said criminal complaints' collectively for the sake of convenience/clarity, the same shall be referred to as 'first criminal complaint' and 'second criminal complaint' respectively (in the order in which they have been set out) where it is deemed necessary/appropriate. SUBSCRIBE FOR FULL CONTENT

The Tax PublishersCriminal Original Petn. Nos. 22136 of 2019 & 1527 of 2020
2020 TaxPub(DT) 4022 (Mad-HC) : (2020) 424 ITR 0030 : (2020) 316 CTR 0502

IN THE MADRAS HIGH COURT

M. SUNDAR, J.

Smnidhi Karti Chidambaram & Anr. v. Dy. DIT (Investigation) & Ors.

Criminal Original Petn. Nos. 22136 of 2019 & 1527 of 2020

12 May, 2020

Petitioners by: K.T.S. Tulsi & Amit Desi with Kunal Vajani, Gopalakrishna Shenoy, Kunal Mimani for C. Uma & N.R.R. Arun Natarajan

Revenue by: N. Baskaran, M. Sheela & Siddarth

Respondent No. 3 by: Harihara Arun Somasankar

Respondent No. 4 by: B. Vijay

ORDER

M. Sundar, J.

This common order will dispose of these four 'criminal original petitions' (hereinafter 'Crl. O.Ps' in plural and 'Crl. O.P' in singular for the sake of brevity) and all 'criminal miscellaneous petitions' therein.

2.Crl. O.P. Nos. 22136 of 2019, 22137 of 2019, 1526 of 2020 and 1527 of 2020 shall be referred to as 'first Crl. O.P', 'second Crl. O.P', 'third Crl. O.P' and 'fourth Crl. O.P' respectively (wherever necessary and deemed appropriate) for the sake of convenience and clarity. There is no disputation or disagreement before this Court that there is no office and obviously no incumbent with regard to second respondent in first and second Crl. O.Ps. In other words, this Court is informed without any disputation or disagreement that second respondent in first and second Crl. O.Ps has been wrongly described and that in any event, presence of any alternative respondents is not necessary. In view of this undisputed position, second respondent in first and second Crl. O.Ps stands deleted.

3. Central theme to these four Crl. O.Ps is prayers for quashing and assailing transfer of two criminal complaints being E.O.C. Nos. 266 and 267 of 2018 originally on the file of Addl. Chief Metropolitan Magistrate's Court (E.O.-II), Egmore, Chennai, subsequently transferred to Special Court for trial of criminal cases related to elected M.Ps/M.L.As of Tamil Nadu at Chennai, at Singaravelar Maligai, Chennai (presided over by a Sessions Judge), wherein the two criminal complaints were taken on file as C.C. Nos. 15 and 16 of 2019 respectively. (To be noted, this Court is informed that 'E.O.' stands for 'Economic Offences' and 'M.P/M.L.A.' stands for Member of Parliament/Member of Legislative Assembly' respectively). These two criminal complaints shall hereinafter be referred to as 'said criminal complaints' collectively for the sake of convenience/clarity, the same shall be referred to as 'first criminal complaint' and 'second criminal complaint' respectively (in the order in which they have been set out) where it is deemed necessary/appropriate.