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D.A.DESAI, R.S.PATHAK, O.CHHINNAPPA REDDY, A.P.SEN, V.BALAKRISHNA ERADI
A. R. Antulay – Appellant
Versus
Ramdas Sriniwas Nayak – Respondent


JUDGMENT

Desai, J. - This appeal by special leave is directed against the decision of a Division each of Bombay High Court in Criminal Revision Application NO. 510 of 1982, which was preferred by the appellant against the rejection of his application by the learned special Judge as per his order dated October 20, 1982.

2. The various stages through which Special Case No.24 of 1952 progressed upto and inclusive of October 18, 1982 have been set out in our Judgment rendered today in cognate Criminal Appeal No. 356 of 1983 and they need not be recapitulated here. After the learned special Judge Shri P. S. Bhutta took cognizance of the offences upon a complaint of Ramdas Sriniwas Nayak, the first respondent (Original complainant), the case was adjourned to October 18, 1982 for recording the evidence of the complainant. On that day, learned counsel appearing for the appellant in the trial court moved an application questioning the jurisdiction of the court on two specific counts; (i) that the Court of special Judge set up under Section 6 of the Criminal Law Amendment Act, 1952 ('1952 Act' for short) cannot take cognizance of any of the offences enumerated in Section 6(1)(a) and (b) upon

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