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Karnataka HC orders issuance of notice to Jayalalithaa
11/20/2009

The Karnataka High Court ordered issuance of notices to former Tamil Nadu Chief Minister J Jayalalithaa and other respondents on a criminal revision petition filed by the Special Public Prosecutor and an individual.

The petition pertains to the pending cases against Jayalalithaa and others relating to corruption, acquisition of wealth and London hotels case.

The petitioners prayed for setting aside orders passed by the 36th Additional Sessions Judge (Special Judge), Bangalore, and consequently give consent to the first petitioner to withdraw from prosecution in respect of charges covered by the second chargesheet in the criminal case pending before the Speical Judge here.

The petitioners submitted that in the London hotels case relating to the acquisition of two hotels by Jayalalithaa and T T V Dinakaran, the Special Prosecutor had filed an application under Section 231 of the Criminal Procedure Code before the Sessions Court, Bangalore, to give consent to withdraw from the chargesheet filed in the case.

It was also stated that the evidence in case of the charges against the accused there were nine witnesses who were residing abroad in the UK, Malaysia, Singapore and Australia.

The prosecutor submitted that it was difficult to proceed in respect of charges in the second chargesheet and prayed for consent to withdraw the prosecution in respect of the same.

The petitioners submitted that the Trial Court Judge had passed orders on September 10 in respect of the application filed by the prosecution and in the said order, the Judge, while dismissing the application refused consent for withdrawal in respect of the charges in the second chargesheet filed by the prosecution.

They contended that the order was arbitrary and contrary to law.

Judge Jawad Rahim, after hearing the counsel for the petitioners ordered issue of notices and adjourned further hearing of the petition.

UNI

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