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Swami Sadashiva Brahmendra Sar (Nil)     10 June 2009

Power of special judge u/s 156 (3) CrPC

whether Special Judge under Prevention of Corruption Act can pass order for registration of FIR on the application under section 156(3) Cr.P.C?



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 1 Replies

Shree. ( Advocate.)     10 June 2009

Dear Dr.VNT sir,

The Magistrates/Judges should not shirk their legal responsibility to pass an order for registration of the FIR and its investigation by the police on the applications under section 156 (3) Cr.P.C. in the cases where on the basis of the allegations made therein and the material, if any, brought on record in support thereof, prima facie cognizable offence of serious nature requiring police investigation is made out and in such cases the aggrieved person should not be compelled to collect and produce the evidence at his cost to bring home the charges to the accused by passing an order to treat the application under section 156 (3) Cr.P.C. as complaint thereby forcing the aggrieved person to proceed in the manner provided by chapter XV Cr.P.C. 
 

Suresh Prakash Tiwari and others Vs. State of U.P. 1994 (suppl.) 121, in which order for investigation under Section 156(3) Cr.P.C. was made by the Special Judge under U.P. Dacoity Affected Areas Act. In that Act also, the power to take cognizance of scheduled offences has been conferred on the Special Court under Section 7. The order for investigation passed by the Special Judge under U.P. Dacoity Affected Areas Act was held legal by this Court. Therefore, on the analogy of the law laid down in aforesaid case, the Special Judge under the P.C. Act is fully empowered to pass order on the application under Section 156(3) Cr.P.C.

This same  point has been considered in detail by the Hon'ble Apex Court in the case of A. R. Antulay (supra), in which it is held that the Special Judge under the P. C. Act is empowered to take cognizance of the offences under this Act on the complaint of private persons also. A.R. Antulay case (supra) pertains to the Prevention of Corruption Act of 1947. After having considered the various provisions of the P. C. Act and other statutes, it is specifically held by the Hon'ble Apex Court that a private complaint can be entertained by the Special Judge in respect of the offences committed by the public servant under this Act and cognizance of the same by Special Judge is legal.

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