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2017 DIGILAW 1443 (SC)

State Represented by The Deputy Superintendent of Police, Salem v. Nirmala

2017-09-13

A.M.SAPRE, NAVIN SINHA, RANJAN GOGOI

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ORDER : Leave granted. 2. Charge-sheet was filed against the main accused who was a public-servant under the provisions of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the P.C. Act") and also against the respondents - accused who are non public-servants under the provisions of Section 109 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC"). All the accused were discharged by the learned trial Court i.e. the court of Special Judge cum Chief Judicial Magistrate, Salem. Aggrieved, a criminal revision petition was filed before the High Court. In the meantime, the main accused died. The High court dismissed the revision petition on the ground that the death of the main accused has resulted in abatement of the trial and, therefore, nothing remained for consideration. Aggrieved, the present appeals have been filed. 3. Reliance has been placed by the learned counsel for the appellant on the view expressed by this Court in paragraph 541 in the case of State of Karnataka v. Selvi J. Jayalalitha & Ors., 2017(2) SCALE 375 to contend that the High Court was wrong in taking the aforesaid view. Having perused the views expressed by this Court in Selvi J. Jayalalitha & Ors.(supra) we are inclined to agree with the submission advanced on behalf of the appellant. 4. However, our attention has been drawn to another judgment/decision of this Court in the case of State through Central Bureau of Investigation, New Delhi v. Jitender Kumar Singh, (2014) 11 SCC 724 , by the learned counsels for the respondents to contend that this Court, in a situation where charges were yet to be framed, as in the present case, took the view that as trial had not commenced the Special Court under the P.C. Act would not have jurisdiction under Section 4(3) of the P.C. Act to try the offences committed under the IPC. In the aforesaid case, this Court had approved the view taken by the Special Court that the proceedings need to be transferred to the competent court. 5. Having considered the decisions of this Court and upon hearing the learned counsels for the parties we are of the view that the death of the main accused does not result in abatement of the trial. The High Court, therefore, would now be under an obligation to consider the order of discharge passed by the learned trial Court on merits. Having considered the decisions of this Court and upon hearing the learned counsels for the parties we are of the view that the death of the main accused does not result in abatement of the trial. The High Court, therefore, would now be under an obligation to consider the order of discharge passed by the learned trial Court on merits. We, therefore, remand the case to the High Court for a reconsideration on the aforesaid issue in the course of which it will be open for the agitating parties to raise any other point including the issue as noticed above with regard to the jurisdiction of the Special Court under Section 4(3) of the P.C. Act in terms of the decision of this Court in Jitender Kumar Singh (supra). 6. We request the High Court to hear and decide the matter in the light of the observations made above as expeditiously as its calendar would permit. 7. The appeals consequently are allowed to the extent indicate above and the order of the High Court is set aside.