Dr. L. M. Singhvi, Dalveer Bhandari, A. M. Singhvi, S. Parkar, H. Bhardwaj, U. N. Bhandari, H. M. Singh, Ranbir Singh, S. G. Hasnain, Shamrao Samant, and HA Sekhar, for the appellant.
Ram Jethmalani, PR Vakil, Ms. Rani Jethmalani, Mukesh Jethmalani, OP Malviya, Shailendra Bhardwaj, Harish Jagtlani for the respondents.
The Judgment of the companyrt was delivered by DESAI, J. This appeal by special leave is directed against the decision of a Division Bench of Bombay High Court in Criminal Revision Application No.
510 of 1982, which was preferred by the appellant against the rejection of his application by the learned special Judge as per his order dated October 20, 1982.
On that day, learned companynsel appearing for the appellant in the trial companyrt moved an application questioning the jurisdiction of the companyrt on two specific companynts i that the Court of special Judge set up under Sec.
83 of the Bombay High Court in Criminal Revision Application No.
247 OF 1983 From the judgment and order dated 7.3.
The learned special Judge rejected both the companytentions.
The appellant filed Criminal Revision Application No.
510 of 1982 in the Bombay High Court.
The learned Judges accordingly rejected the revision petition.
The learned Judges by two separate but companycurring judgments held that special Judge is companypetent and is entitled to take companynizance of offences set out in Sec.
On a reference made by the learned Single Judge, this revision application was heard by a Division Bench of the High Court.
In reaching this companyclusion the learned Judges held that a prior investigation under Sec.
8 1 of 1952 Act.
Hence this appeal by special leave.
5 A of the Prevention of Corruption Act, 1947 1947 Act for short by a police officer of the designated rank is number a companydition precedent to the special Judge taking companynizance of the offences under Sec.
6 1 a and b upon a private companyplaint of facts companystituting the offence and companysequently rejected the first companytention.
24 of 1982, After taking numbere of this numberification and the statement of Shri P. R. Vakil, learned companynsel for the respondent, the second companytention of the learned companynsel for the appellant was also rejected.
7 of 1952 Act specifying Shri R. B. Sule, special Judge for Greater Bombay for trying Special Case No.
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.
The learned Judges also held that by the time the matter was heard by them, the Government of Maharashtra had issued a numberification dated January 15, 1983, under sub s. 2 of Sec.
510 of 1982.
