B.Vijay, Standing Counsel for Madras High Court argued in the Karthic Chithambaram case
The Prosecution launched by the IT Department against Mr.Karti Chidambaram, MP and his wife Mrs.Srinidi, on the file of EOW, Chennai was transferred by Madras HC upon constitution of Special Court MP/MLAs, Chennai.
Both filed quash petition challenging the Transfer passed by Madras High Court, on the ground that Special Court in the cadre of Session Jude does not have jurisdiction to try offences under IT Act and change of forum deprived right of revision available to accused persons under 397 of Code;
They have also filed quash petitions to quash the prosecution on the ground that Petitioner was not a MO on the date of filling of Complaint by IT Dept’; transfer of case from EOW Court to Special Court without there being an order of Committal under Section 193 of the Code is invalid and transfer of case by High Court by way of administrative order without resorting to judicial power under 407 of code was illegal .
Learned Senior Counsels Mr.KTS Thulsi and Mr.Amit Desai appeared for Petitioners
B.Vijay, Standing Counsel for Madras High Court
Mr.N.Baakaran and Mrs. Sheila appeared for IT Department.
Honourable Justice M.Sundar today dismissed all quash petitions and upheld the order of transfer and allowed continuation of prosecution.