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2017 (1) TMI 741

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..... sary directions of this Court to the learned XI Additional Sessions Judge for CBI Cases, City Civil Court, Chennai, to transfer the case to the learned Principal Sessions Judge, Chennai. For all the reasons stated above, this Court directs the learned XI Additional Sessions Judge for CBI Cases, City Civil Court, Chennai, to transfer the case pending on his file, to the learned Principal Sessions Judge, City Civil Court, Chennai, forthwith. The criminal original petition is disposed of accordingly. Consequently, connected miscellaneous petition is closed. - Crl.O.P.No.554 of 2017 and Crl.M.P.No.473 of 2017 - - - Dated:- 10-1-2017 - R. Mahadevan, J. For the Petitioners : Mr.A.Ramesh, SC, for Mr.K.P.Ananthakrishna For the Respo .....

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..... for CBI Cases, City Civil Court, Chennai, on 5.1.2017. Upon production, the Enforcement Directorate, Chennai, sought judicial custody of the petitioner in respect of ECIR No.19 of 2016 and the learned Judge has also passed a detailed order remanding the petitioner to judicial custody in respect of the said case till 19.1.2017. Challenging the same, the petitioner has come up with the present petition. 3. Learned senior counsel appearing for the petitioner mainly submitted that the petitioner has been remanded for the offence under the Prevention of Money Laundering Act, 2002 (hereinafter referred to as PMLA). The power to remand a person prior to cognizance, is traceable to Section 167 Cr.P.C. According to Section 167 Cr.P.C., a person c .....

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..... ry such scheduled offence; or (b) ... By relying upon the said sections, learned senior counsel appearing for the petitioner submitted that insofar as the District of Chennai, there are six notified Courts under PMLA viz., 1.The Principal Sessions Judge, Chennai, 2.The VII Additional Sessions Judge, 3.The IX Additional Sessions Judge, 4.The XII Additional Sessions Judge, 5.The XIII Additional Sessions Judge, 6.The XIV Additional Sessions Judge. Admittedly, the learned XI Additional Sessions Judge, Chennai has not been notified under Section 43 of the PMLA and hence, the learned XI Additional Sessions Judge for CBI Cases, City Civil Court, Chennai, is not competent to try the offence under the PML .....

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