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This is an archive article published on June 29, 2000

HC refuses to drop Sec 420 charge against Jayalalitha

CHENNAI, JUNE 28: The Madras High Court has dismissed AIADMK president Jayalalitha's plea for deleting a charge under Section 420 of IPC f...

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CHENNAI, JUNE 28: The Madras High Court has dismissed AIADMK president Jayalalitha’s plea for deleting a charge under Section 420 of IPC from the chargesheet filed against her in the TANSI land deal scam on the ground that it would amount to discharging her from the case.

Dismissing her petition seeking a direction to special judge P Anbazhagan to delete the section, Justice B Akbar Basha Kadri held that the trial judge had no power to discharge an accused after charges had been framed in a case.

“I am of the view that the alteration referred to in Sec 216 Cr.PC does not include deletion, which will virtually amount to discharge”, he held and said the natural course would be for the judge to proceed with the trial. Jayalalitha had sought deletion of the section after the state government had conceded before the apex court on April 25 that the offence of cheating against her was not sustainable on the facts and circumstances of the case.

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