Cognizance by the Special Judge without Committal by he Magistrate.

[vinod kumar Namdeo]

Respected Sir,
I would like to thank you for all the previous valuable replies given by you.
MY Present Query is

The FIR was lodged by the Inspector ,SPE,Lokayukta based on a written complaint and subsequent investigation /PE for an alleged offence under section 7 and 13 (1)(d) of the PC Act.
Can the Special Judge (PC Act 1988) take cognizance and try the offence unless an order of Committal was made by a competent Magistrate.

with regards

[Dr. Ashok Dhamija]

Section 5(1) of the Prevention of Corruption Act, 1988, specifically lays down as under:

“5. Procedure and powers of Special Judge.—(1) A Special Judge may take cognizance of offences without the accused being committed to him for trial and, in trying the accused persons, shall follow the procedure prescribed by the Code of Criminal Procedure, 1973 (2 of 1974), for the trial of warrant cases by Magistrates.”

So, it is clear that the law itself lays down that the Special Judge may take cognizance of an offence under the PC Act without the accused being committed to him for trial. Therefore, there is no need for an order from the Magistrate committing the case for trial to the Special Judge in a corruption case.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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