A.R. ANTULAY versus RAMDAS SRINIWAS NAYAK AND ANOTHER

A.R. ANTULAY versus RAMDAS SRINIWAS NAYAK AND ANOTHER

A Special Judge under the Criminal Law Amendment Act, 1952 has jurisdiction to take cognizance of offences enumerated in s. 6(1)(a) & (b) upon a private complaint, and investigation under s. 5A of the Prevention of Corruption Act is not a condition precedent for such cognizance. There is no statutory bar on private complaints and powers vested in Special Judge include taking cognizance in any of the known methods under criminal law, except upon commitment by a Magistrate.

Parties
Appellant: A. R. Antulay; Respondent: Ramdas Sriniwas Nayak; Respondent: Another
Jurisdiction
India
Judgment Date
16 February 1984
Procedural Posture
Criminal Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Interpretation of Statutes, Procedure for Taking Cognizance, Private Complaints, Special Judge Jurisdiction, Prevention of Corruption Act, Criminal Procedure Code
Criminal Law Interpretation of Statutes Procedure for Taking Cognizance Private Complaints Special Judge Jurisdiction Prevention of Corruption Act Criminal Procedure Code

Case Brief

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Parties

A. R. Antulay

Appellant

Ramdas Sriniwas Nayak

Respondent

Another

Respondent

Procedural Posture

Criminal Appeal / Final Judgment

Legal Issues

  1. 1 Whether a Special Judge can take cognizance of offences under the Prevention of Corruption Act, 1947 upon a private complaint
  2. 2 Whether investigation under s. 5A of the Prevention of Corruption Act is a condition precedent for cognizance by a Special Judge
  3. 3 Jurisdiction of Special Judge in the absence of specification by the State Government

Ratio Decidendi

A Special Judge under the Criminal Law Amendment Act, 1952 has jurisdiction to take cognizance of offences enumerated in s. 6(1)(a) & (b) upon a private complaint, and investigation under s. 5A of the Prevention of Corruption Act is not a condition precedent for such cognizance. There is no statutory bar on private complaints and powers vested in Special Judge include taking cognizance in any of the known methods under criminal law, except upon commitment by a Magistrate.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.