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2003 Supreme(SC) 957

B.P.SINGH, N.S.HEGDE
Vivek Gupta – Appellant
Versus
Central Bureau Of Investigation – Respondent


JUDGMENT

B.P. Singh, J.-In this appeal by special leave the core question which arises for consideration is whether the appellant herein can be charged and tried together with the other two accused by the Special Judge under the provisions of the Prevention of Corruption Act, 1988, in view of the fact that the appellant herein has been charged only under Section 420 I.P.C. and under Section 120-B read with Section 420 I.P.C. while the other two accused have been additionally charged of the offence under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the "Act"). The appellant contends that the Special Judge under the Prevention of Corruption Act has no jurisdiction to try the appellant who is not charged of any offence under the said Act, while the respondent contends to the contrary relying upon the provisions of the said Act and the Code of Criminal Procedure. The High Court of Bombay by its impugned judgment and order has answered the question in the affirmative holding that the appellant can be tried by the Special Judge under the Prevention of Corruption Act along with the two accused who also stand charged of offen







































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