PURUSHOTTAM DAS GOSWAMI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This full Bench has been constituted on a reference made by a Division Bench of this Court to consider the question as to whether a Compensation Officer appointed under the provisions of the Bihar Land Reforms Act, 1950, (hereinafter referred to as 'the Act) can be held to be a Court within the meaning of Section 195(1)(b) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code').

(2.) The material facts giving rise to this reference briefly are as follows:

(3.) Learned counsel for the accused contended that the provisions of Section 195(1Kb) of the Code prohibit a Court from taking cognizance of offences specified therein unless and until a complaint in writing was filed by a 'Court*, that a Compensation Officer appointed under the provisions of the Act was a'Court' within the meaning of Section 195(S)(b)of the Code, that the decision in Chandra Kishore Jha v. The State of Bihar, 1975 BBCJ 656 (supra) had correctly decided that the Compensation Officer was a Court, that the said decision had held the field for all these years and that there was no cogent reason for taking a view different from that taken in 1975 BBCJ 656. It was urged that even if two views were possible, the decision by the Division Bench in (975 BBCJ 656 should not be over-rule in view of the settled principles of law relating to precedents. In reply, it was contended that a Compensation Officer appointed under the Act was a Tribunal and that in view of the provisions of Sub-section (3) of Section 195 of the Code, unless the Act under the provisions of which that Tribunal was constituted declared it to be a Court for purposes of Section 195 of the Code, the Compensation Officer could not be held to be a Court within the meaning of Section 195(1) (b) of the Code.