SANJAY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Whether non-publication of the Notification in the Official Gazette establishing Vigilance Police Station in Bihar at Patna, would render registration of the FIR(s); investigation(s) carried out and the trial(s) commenced, conducted or concluded pursuant thereto, to be illegal and void ab initio is the question which this Court is called upon to answer.

(2.) Petitioner contends that by virtue of Section 4(36) of the Bihar and Orissa General Clauses Act, 1917 (hereinafter referred to as 'the Act'), publication of such Notification is mandatory. Also, in the absence of compliance thereof, no judicial notice of a fact can be taken under the provisions of Section 57(7) of the Indian Evidence Act, 1872 (hereinafter referred to as the Evidence Act)

(3.) It is further contended that on 6th June, 1973, though the Government of Bihar had issued a Notification constituting a Vigilance Police Station in Bihar at Patna, but since the same was never published in the Official Gazette, as such all resultant proceedings stand vitiated, being null and void.