RAMNARESH PRASAD Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a criminal revision under Section 397 read with Sections 401 and 482 of the Code of Criminal Procedure against the Order dated 25-11-1999 passed by the Special Judge (CBI), Jabalpur in Special Case No. 5/99 (State v. Ramnaresh Prasad) whereby the application filed by the petitioner for quashing of the proceedings has been dismissed.

(2.) THE facts giving rise to this petition are these :-- The petitioner is facing a trial for offence under Section 13 (1) (e) of the Prevention of Corruption Act, 1988 (for short the 'act'), on the basis of a challan filed by the Central Bureau of Investigation in the Court of Special Judge (CBI), Jabalpur, bearing Special Case No. 5/99 (State v. Ramnaresh Prasad ). The petitioner filed an application for quashing of the proceedings of the said Special Case on the ground that the Special Judge (CBI), Jabalpur who has granted permission to Shri B. K. Singh, Sub-Inspector of Police, CBI, Jabalpur has no jurisdiction to grant permission. Besides, the learned Special Judge has given no reason while granting the permission. It was also alleged by the petitioner that the Order of S. P. , CBI, ACB, Jabalpur entrusting the investigation to Shri B. K. Singh, Sub-Inspector of Police, CBI, Jabalpur is also illegal as it does not contain any reasons. The learned Judge by Order dated 25-11-1999 rejected the application. Being aggrieved by the impugned Order dated 25-11-1999, the present petition has been filed.

(3.) HAVING heard the learned counsel for both the sides, I am of the view that this petition deserves to be dismissed. The first contention of the learned senior counsel appearing for the petitioner is that the Special Judge, CBI, Jabalpur has the status of Court of Sessions while under Section 17 of the Act, it is the Magistrate First Class who has jurisdiction to grant permission to investigate the offence against the petitioner. The learned Judge has discussed this fact in detail in the impugned Order and held that he has jurisdiction to grant permission to investigate the case as being Special Judge he has jurisdiction to exercise the powers of Magistrate First Class so far as the special case is concerned. After giving a thoughtful consideration of the contention of the learned senior counsel appearing for the petitioner, I am unable to agree with this contention raised by him. Though, the Special Judge has the status of Court of Sessions but for all procedural purposes, he is empowered to exercise all the jurisdiction of the Magistrate First Class.