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2021 (8) TMI 434 - HC - CustomsOffences u/s 111(a) and 111(d) of the Customs Act, 1962 - Seeking implementation of Government Order in G.O. Ms. No. 1293, dated 24.05.1982 issued by the Home Department, Government of Tamil Nadu - constitution of three Special Courts, viz., two Additional Metropolitan Magistrates' Courts at Chennai (in the cadre of Chief Metropolitan Magistrate) and an Additional Court of Chief Judicial Metropolitan Magistrate at Madurai (in the cadre of Sub Judge) - HELD THAT:- A perusal of the G.O. Ms. No. 1293 dated 24.05.1982 no doubt makes it clear that in exercise of powers conferred by the Proviso to Sub Section (1) of Section 11 of the Code of Criminal Procedure, 1973 the Governor of Tamilnadu have examined the recommendation of the Law Commission in consultation with this Court and established a Special Court of Judicial Magistrate of the First Class at Madurai for the local area comprising the districts of Madurai, Ramanathapuram, Thirunelveli and Kanyakumari for trial of economic offences and Two Additional Chief Metropolitan Magistrate's Courts at Chennai. Though the Law Commission in its 47th Report recommended the establishment of Special Courts for the effective and speedy prosecution of economic offences, the Government of Tamil Nadu have examined the suggestion of the Government of India in consultation with this Court and constituted an Additional Court of Chief Judicial Magistrate at Madurai (in the cadre of Sub-Judge) and two Metropolitan Magistrates' Courts in the City of Madras (in the cadre of Chief Metropolitan Magistrate) for the speedy trial of economic offences with specified jurisdiction - When things stand so, Special Court can attract cases, which are arising out within the jurisdiction specified and in the rest of the area, Judicial Magistrate of concerned jurisdiction alone has got jurisdiction, as rightly contended by Mr. B.Vijay, Learned Counsel appearing for the First Respondent. The Petitioner cannot misuse this forum in order to transfer of the case pending before the Judicial Magistrate-I, Thanjavur to Chennai and the Writ Petition is liable to be rejected - The petition is dismissed.
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