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2012 Supreme(Del) 931

MUKTA GUPTA
A. S. Narayana Rao – Appellant
Versus
CBI – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Pankaj Batra, Advocate.
For the Respondent: P.K. Sharma, SC.

JUDGMENT

MUKTA GUPTA, J.

1. The present petition challenges the order dated 15th October, 2011 passed by the learned Special Judge disposing of the application of the Petitioner holding that the learned Special Judge had no jurisdiction under Section 156(3), Cr.P.C. to direct registration of FIR and investigate the offences to Director CBI.

2. Learned Counsel for the Petitioner contends that the Petitioner had laid ample evidence on record to show that the accused mentioned in the complaint committed offences under Sections 7, 8, 12 & 13 of the Prevention of Corruption Act, 1988 (in short PC Act). The impugned order is illegal as no reasoning has been given by the learned Special Judge to come to the aforesaid conclusion. The order of the learned Special Judge is contrary to the law laid down by the Hon’ble Supreme Court in A.R. Antulay v. Ramdas Srinivas Nayak & Anr., AIR 1984 SC 718. Since the learned Special Judge exercises the original jurisdiction in the criminal cases, he has the jurisdiction akin to the one with the Magistrate under Section 156(3), Cr.P.C. This issue has been considered at length in Satyanand & Anr. v. Prakash Chand Jain & Anr., 2007 (1) MPLJ 291. Since the





















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