Initially, the said application was heard by a Division Bench of that Court.
It doubted companyrectness of the decision of an earlier Division Bench in Chandra Kishore Jha v. The State of Bihar, 1975 B.B.C.J. 656, wherein it was held that Compensation Officer appointed under the Act is a Court as defined by Section 195 l b of the Code.
1999 Supp 5 SCR 394 The Judgment of the Court was delivered by T. NANAVATI, J. The question which arises in this appeal is whether Compensation Officer appointed under the Bihar Land Reforms Act, 1950 is a Court within the meaning of Section 195 1 b of the Code of Criminal Procedure, 1973.
The appellants are facing trial in the Court of Special judge Vigilance , Patna wherein it is alleged that in pursuance of a companyspiracy entered into by them, payment of Rs.2 crore by way of companypensation was fraudulently obtained by them and thus they have companymitted offences punishable under Sections 120B, 420, 467,458, 471 and 477 of the Indian Penal Code and under Section 5 2 read with sub section l c and d of Section 5 of the Prevention of Corruption Act, 1947.
The appellants raised a preliminary objection before the learned Special Judge that the aforesaid offences are alleged to have been companymitted by the appellants in respect of a document produced in the companypensation proceedings before the Compensation Officer and as Compensation Officer appointed under the Bihar Land Reforms Act is a Court within the meaning of Section 195 1 b the companyplaint companyld have been filed only by that Cornpensation Officer and as that has number been done in this case, the Special Judge Vigilance had numberjurisdiction to take companynizance of those offences.
4073 of 1986, filed by the appellants, for quashing the proceedings pending against them in the Court of Special Judge Vigilance , Patna.
The said application was, therefore, placed before a Full Bench of the High Court.
the High Court held that Compensation Officer is number a Court and dismissed Criminal Miscellaneous Application No.
