TULA RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) A common question regarding jurisdiction of the Special Judge to entertain and take cognizance of the offences, particularly, under the Prevention of Corruption Act, 1988 (hereinafter called as the 'New Act'), has arisen. Thus, the above said Criminal Revisions and Cr. M.P. (M) can be disposed of by a common order.

(2.) There is no dispute that Special Judges, vested with the powers under Section 3 read with Section 4 of the Prevention of Corruption Act, 1947, (hereinafter called the 'Old Act') were competent to deal with the offences under the old Act. However, with respect to the offences committed prior to coming into force of the New Act but challans filed after it came into force, the powers of the Special Judges have been taken away except in pending cases from the date of the commencement of the New Act.

(3.) In all the above said case, commission of offences is alleged to be prior to the coming into force of New Act, however, challans have been filed in all these cases after its enforcement. There is no dispute about this fact.