Special Judge is not expected to try non PC offences totally unconnected with any PC offences under Prevention of Corruption Act

By | November 2, 2015

Supreme Court of India

State through CBI, New Delhi v. Jitender Kumar Singh

[Criminal Appeal No.943 of 2008],

5th February, 2014

It was held that “a Special Judge exercising powers under the Prevention of Corruption Act, 1988 is not expected to try non-PC offences totally unconnected with any PC offences under Section 3(1) of the PC Act and in the event of a Special Judge not trying any offence under Section 3(1) of the PC Act, the question of the Special Judge trying non-PC offences does not arise.”

The Court held that “trying of a PC offence is a jurisdictional fact to exercise the powers under Sub-section (3) of Section 4. Jurisdiction of the Special Judge, as such, has not been divested, but the exercise of jurisdiction, depends upon the jurisdictional fact of trying a PC offence.”

jitender kumar singh Judgement

 

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