HCL Infosystem Vs. Central Bureau of Investigation
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Head Note
Prevention of Corruption Act,1988 - Corruption
National Rural Health Mission Scam (NHRM Scam) - Jurisdiction of the Special Judge appointed under the PC Act to try a person other than a public servant if the public servant dies before the commencement of the trial - Whether the Special Judge can try a non PC Act case when his appointment is to try all cases of the category which covers the present case - Held, the Special Court in question has been constituted not only to deal with the cases of PC Act but also other cases relating to the NRHM scam. Procedure of Code of Criminal Procedure is applicable to trial before Special Judge and there is no prejudice to trial that is taking place before Special Judge duly appointed to deal with non PC cases when the object of doing so was to try connected cases before same court. Undoubtedly, while Special Judge alone could deal with cases under the PC Act, non- PC Act could also be allowed to be tried by the Special Judge under Section 26 of the Code of Criminal Procedure. There is no legal bar to do so.
Topic(s)-Jurisdiction of the Special Judge appointed under the PC Act