Powers of the Judge for taking cognizance under P.C.Act, 198
A.Mohamed Thaheer
(Querist) 19 May 2009
This query is : Resolved
Whether the Judge having territorial jurisdiction in conducting criminal cases, have powers under his official designata to conduct the case without getting powers under his personal designata for taking cognizance of offence under the Prevention of Corruption Act, 1988, which is specific and specific Act, only meant for the Govt.,/Quasi-Govt. employees and all public servants as defined under section 21 of the Indian Penal Code.
If the Judge takes cognizance of the offence, on a particular date on which the Judge had no powers to conduct the case under his personal designara, Is the cognizance taken by the Judge is valid?
Whether such cognizance taken on a particular date could be legally ratified, if the sanction of the competent authority is obtained subsequently, says after 9 months of taking cognizance of the offence.
What is the legal implication of official designata and personal designata?
B.B.R.Goud.
(Expert) 20 May 2009
it is all depends up on the severity and gross importance of the case, If the Judge takes cognizance of the offence, on a particular date on which the Judge had no powers to conduct the case under his personal designation, which shall not the ultravires of the constitution of india.
in certain cases, they can have the inherent power to act accordingly and subsequently can get the sanction from the comepetent authority.
adv. rajeev ( rajoo )
(Expert) 21 May 2009
To conduct the criminal cases under the prevention and corruption act special judge will be appointed by govt., notification. Such powers will be vested with Dist., and Sessions judge only. Under his personal designation judge cannot take congnizance of the offence on the date when powers are not vested with him.
