CHINNAPPA ESHWARAPPA Vs. STATE OF MYSORE

JUDGEMENT

(1.) The point that arises for consideration in this revision petition is whether a First Class Magistrate appointed to a district can issue orders under S. 5-A of the Prevention of Corruption Act, 1947(which shall be hereinafter called the 'Act') for investigation of a case under S. 161 of the Indian Penal Code, if the offence in question has been committed in a place outside his local area as defined under S. 12, Cr.P.C.

(2.) The order in question relates to an offence which is said to have taken place outside the local area of the Magistrate. The petitioner is prosecuted before the Special Judge at Dharwar for an offence under S. 161, I.P.C. The investigation in the case was conducted by the P. S. I., A. C., and P. I., Dharwar. The offence is alleged to have taken place in Karajig, which is within the local area of the Judicial Magistrate, First Class, Haveri. But orders for investigating into the case were given by the First Class Magistrate at Dharwar. Both Haveri and Dharwar are in the same war. Both Haveri and Dharwar are in the same direct, i.e., Dharwar district. The petitioner contends that the First Class Magistrate at Dharwar had no jurisdiction to order investigation in the instant case as his jurisdiction did not extend to Haveri area. Section 5-A of the 'Act' reads as follows :

(3.) No other point needs consideration. In the result, the petition is dismissed.