Suo Moto Crl RC No.1419 of 2023

N.ANAND VENKATESH.,J

Mr. Sidarth Luthra, learned Senior Counsel appearing on

behalf of the State made the following submissions :-

• Due to various observations made by this Court while passing the order on 10.08.2023, in the fitness of things, it will be appropriate if the case is heard by a different bench.
• The Administrative side of the High Court must be put on notice since the Administrative order passed has been dealt with and findings have also been rendered to the effect that the same is ex-facie illegal.
• The materials that were relied upon while passing the earlier order on 10.08.2023, has not been furnished to the State and hence, submissions cannot be made without those materials.
• Section 401(2) of Cr.PC specifically provides that no order under Section 401 of Cr.PC can be passed to the prejudice of the accused or other persons unless they had an opportunity of being heard either personally or through their counsel and in this case, the observations made by this Court while passing the earlier order on 10.08.2023 has put the State as well as the accused persons and also the administrative side of the High Court to prejudice and hence, the matter has to be heard by a different bench. and
• The State is yet to process the papers and come to a conclusion as to whether an appeal is going to be filed against the judgment passed by the Special Court in Spl SC No.3 of 2022 dated 28.06.2023 and in the meantime, the revisional jurisdiction has been exercised by this Court and thereby, the right of filing an appeal has been rendered nugatory.

2. N.R.Elango, learned senior counsel appearing on behalf of the accused persons submitted that the matter may be posted before another bench in view of the various observations made by this Court while passing the order on 10.08.2023. The learned Senior counsel further submitted that the materials that were relied upon by this Court while passing the order has not been furnished and therefore, requested that those materials shall be furnished to the accused persons.
3. In the light of the above submissions made, this Court will first decide as to whether this suo-moto revision petition is going to be heard by me or it is going to be placed before some other Bench. Such determination will be made by next week.
4. Post this case under the same caption on 14.09.2023 at 2.15 p.m. In the meantime, the Registry shall prepare the typed set of papers to be furnished to the State as well as to the accused persons.

07.09.2023

rka

N.ANAND VENKATESH.,J

rka

Suo Motu Crl RC No.1419 of 2023

07.09.2023