State Through CBI New Delhi Vs. Jitender Kumar Singh
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Prevention of Corruption Act,1988 - Section 3 , Section 4 , Section 5
Interpretation of various sections that appear in Chapter II read with Chapter III especially Sections 3, 4, 5 and other related provisions dealing with offences and penalties appearing in Chapter III of the PC Act - Whether the Special Judge, after framing charges against a Public Servant under 13(2) read with Section 13(1)(b) falling under Section 3(1) of the PC Act and against private persons for offences under Sections 120- B, 420, 467, 468, 471 IPC can go ahead with the trial of the case against the private persons for non- PC offences, even after the death of the sole public servant - Under sub-section (3) of Section 4, the special Judge could try non- PC offences only when "trying any case" relating to PC offences - Once the power has been exercised by the Special Judge under sub-section (3) of Section 4 of the PC Act to proceed against non-PC offences along with PC offences, the mere fact that the sole public servant dies after the exercise of powers under sub-section (3) of Section 4, will not divest the jurisdiction of the Special Judge or vitiate the proceedings pending before him.
Topic(s)-Jurisdiction of special court in non corruption matter