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2014 Supreme(Pat) 983

I.A.ANSARI, SAMARENDRA PRATAP SINGH
AHMAD ASHFAQUE KARIM – Appellant
Versus
STATE OF BIHAR THROUGH VIGILANCE – Respondent


Advocates:
Advocate Appeared:
FOR THE PETITIONER:Mr. Md. Khursid Alam, Advocate
FOR THE RESPONDENTS: Mr. Devendra Kumar Sinha, AAG 2, Mr. Prabhu Narayan Sharma, AC to AG, Mr. Alok Kumar Rahi, AC to AAG 2
AMICUS CURIAE : MR. AJAY KUMAR THAKUR.

ORDER :

I. A. ANSARI, J.

Where do we draw the discernible line between the jurisdiction under Section 167 (2) of the Code of Criminal Procedure and that under Section 309 of the Code of Criminal Procedure, what are the modes of taking cognizance, when can a Court is said to have taken cognizance and what are the factors which govern the taking of cognizance, are some of the questions which this writ petition raises. Yet another question of immense importance, which the present writ petition has raised, is: Without taking cognizance of any offence under the Prevention of Corruption Act, 1988, whether a special Judge, appointed under the provisions of the Prevention of Corruption Act, 1988, has the jurisdiction to take cognizance of any offence under the Indian Penal Code and/or under a special law, other than the Prevention of Corruption Act, 1988? The answer to the queries, posed above, would decide the fate of the petitioner?s further detention in custody.

2. This writ petition, made under Article 226 of the Constitution of India, has put to challenge the order, dated 11.09.2013, and orders passed subsequent thereto, in Special Case No. 32 of 2013, arising out of Shastrinagar Polic
















































































































































































































































































































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