ABHISHEK SRIVASTAVA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. Shagun Srivastava and Mr. Sudhanshu Shekhar Tripathi, learned counsel for the petitioner and Shri Anurag Kumar Singh, learned counsel for the Central Bureau of Investigation.

(2.) Brief facts of the case are that the First Information Report was lodged on 23/3/2010 against the co-accused persons under Sec. 120B, 420, 467, 468, 471 Indian Penal Code, who are private individuals and non-public servants. During the course of investigation, a public servant was arrayed as an accused and subsequently Ss. 13(1)(d) and 13 (2) of the Prevention of Corruption Act 1988 (hereinafter referred as 'PC Act') was added against all the accused persons with the aid of sec. 120-B Indian Penal Code. Charge-sheet was filed on 23/10/2010, however, the sole public servant died on 15/4/2011, which is admitted fact between the parties. Thereafter, cognizance was taken on 10/5/2011 of the offence. An application was filed on 16/3/2021 for the transfer of the case to the appropriate court on the ground that the sole public servant had died before cognizance can be taken and therefore, the Special Judge, Anti-Corruption has no jurisdiction to try this case. The application was rejected vide order dtd. 26/8/2021, which is impugned in this petition.

(3.) Learned counsel for the applicant submits that learned Special Judge, Anti-Corruption at the time of taking cognizance on 10/5/2011 failed to consider the fact that the sole public servant had died and even later when the case was abated against the sole public servant on 7/6/2011. It is submitted that the learned Special Judge, Anti- Corruption at the time of framing of the charges should have considered whether it could exercise jurisdiction under the PC Act or whether he was required to frame charges as per the applicable Sec. of the Indian Penal Code and remand the matter to the concerned court.