JUDGMENT - GOKHALE, J. :

This Criminal Reference raises a point of some importance as regards the jurisdiction of a Magistrate to take action on a report submitted to him under S. 173 of the Criminal Procedure Code, by a police officer after completing investigations with reference to offences which are exclusively triable by a Special Judge under S. 7 (1) of Criminal Law Amendment Act, 1952.

(2) The present reference has been made by the learned Sessions Judge, Ahmednagar in these circumstances: It appears that the Circle Police Officer, Rajur, investigated a case registered on the complaint of one Mr. Pahuja, Sub-Inspector of Po-Police, Rajur, against a Constable by name Khirode. It was alleged by the Sub-Inspector that the police constable attempted to give him Rs. 100/- as a bribe, to hush up a chapter case instituted against one Bhau Mohana. A trap was set for the police constable and when the amount of Rs. 100/- was being attempted to be given to the Sub-Inspector, it was attached in the presence of the panchas. A report was made with regard to this to the District Superintendent of Police, and the Circle Police Officer was ordered to investigate the matter with regard to this

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