A. Chandran and Another Vs. State Rep. by The Deputy Superintendent of Police, Madurai

A. Chandran and Another vs State Rep. by The Deputy Superintendent of Police, Madurai

Type Court Judgment Court Chennai Madurai Decided Jun 28, 2016

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https://sooperkanoon.com/case/1190165

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Citation: sooperkanoon.com/1190165
Court: Chennai Madurai High Court
Judge: The Honourable Dr. Justice P. Devadass
Decided On: Jun 28, 2016
Case Number: Crl.O.P.(MD) No. 10421 of 2016 & Crl.M.P.(MD) No. 5169 of 2016
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

A. Chandran and Another

Respondent

State Rep. by The Deputy Superintendent of Police, Madurai

Excerpt

(prayer: criminal original petition is filed, under section 482 cr.p.c., praying to set aside the order as made in roc no.85 of 2016 dated 03.03.2016 in special case no.45 of 2011 passed by the special court for trial of p.c. act cases, madurai as devoid of merits in respect of the properties as stated as appealed before this hon'ble court vide c.a.no.23 of 2016 forthwith.) 1. heard both sides. 2. in the special case in s.c.no.45 of 2011, the special judge convicted the petitioners. besides sentencing them also directed confiscation of the proceeds of crime. as against that, crl.a.(md)no.23 of 2016 has been preferred before this court. admittedly, in the c.rla.(md)no.23 of 2016, an application to stay further proceedings pursuant to confiscation order has not been filed. further, the present petition has been filed under section 482 cr.p.c., consequent upon the order passed by the trial court ordering attachment in pursuance of orders of confiscation. 3. the criminal appeal is admitted. the matter is subjudiced. if the appeal fails, the attachment etc. will arise. if the appeal succeeds the attachment etc., will go away. 4. so, till the appeal is disposed of any further action with reference to confiscation proceedings shall not be taken. however, there is no bar on the part of the special court to notify the concerned registration authority not to permit transfer of the property involved and also necessary encumbrance shall be entered. it is sheer common sense that if the accused succeeds in the appeal, all may go away. 5. this criminal original petition is disposed of accordingly. consequently, connected miscellaneous petition is closed.

Full Judgment

(Prayer: Criminal Original Petition is filed, under Section 482 Cr.P.C., praying to set aside the order as made in ROC No.85 of 2016 dated 03.03.2016 in Special Case No.45 of 2011 passed by the Special Court for Trial of P.C. Act Cases, Madurai as devoid of merits in respect of the properties as stated as appealed before this Hon'ble Court vide C.A.No.23 of 2016 forthwith.)

1. Heard both sides.

2. In the Special Case in S.C.No.45 of 2011, the Special Judge convicted the petitioners. Besides sentencing them also directed confiscation of the proceeds of crime. As against that, Crl.A.(MD)No.23 of 2016 has been preferred before this Court. Admittedly, in the C.rlA.(MD)No.23 of 2016, an application to stay further proceedings pursuant to confiscation order has not been filed. Further, the present petition has been filed under Section 482 Cr.P.C., consequent upon the order passed by the trial Court ordering attachment in pursuance of orders of confiscation.

3. The Criminal Appeal is admitted. The matter is subjudiced. If the appeal fails, the attachment etc. will arise. If the appeal succeeds the attachment etc., will go away.

4. So, till the appeal is disposed of any further action with reference to confiscation proceedings shall not be taken. However, there is no bar on the part of the Special Court to notify the concerned Registration authority not to permit transfer of the property involved and also necessary encumbrance shall be entered. It is sheer common sense that if the accused succeeds in the appeal, all may go away.

5. This Criminal Original Petition is disposed of accordingly. Consequently, connected Miscellaneous Petition is closed.

Same Court & Year Chennai Madurai · 2016 Same Parties A. Chandran and Another vs State Rep. by The Deputy Superinte... Same Subject Education Same Judge The Honourable Dr. Justice P. Devadass