Session Court has no jurisdiction to exercise powers as envisaged under Section 258 of CrPC

The State of Bihar Vs Purshotam Lal Kejriwal And Anr

Patna HC

11/04/1997

1998 (1) BLJR 450

About/from the judgment:

So far the first question is concerned, it appears to me that the power in envisaged under Section 258 of the Code is exercisable in certain summons cases exclusively triable by a Magistrate.

 

Section 258 of the Code runs as under:

In any summons-case instituted otherwise than upon complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, pronounce a judgment of acquittal, and in any other case, release the accused, and such release shall have the effect of discharge.

 

9. From reading of this section as a whole, it seems to me that this power is not to be exercised in general rather a restriction has been imposed for exercise of this power in certain cases exclusively triable by a Magistrate.

 

10. It is true that the proceeding under Section 12 AA is a summary proceeding, but the question is as to whether it will also come in the categories of certain cases as enumerated under Section 258 of the Code. The offence arising out of the act no doubt is triable as per the procedure laid down under Section 12 AA of the Act, but the Special Judge being not a Magistrate, in my opinion, is not authorized to exercise its power under Section 258 of the Code. Even though the Special Judge has the jurisdiction to exercise the power under Section 167 of the Code, which power is exercisable by a Magistrate but in view of Sub-section (1)(c) of Section 12 AA of the Act, a power is conferred upon the Special Judge to exercise the jurisdiction only under Section 167 of the Code. In this connection, it would also be pertinent to see the provisions laid down under Section 12 AC of the Act.

 

Section 12 A C reads as under:

Save as otherwise provided in this Act, the provisions of the Code (Including the Provisions as to bail and bonds) shall apply to the proceedings before a Special Court and for the purposes of the said provision, the Special Court shall be deemed to be a Court of Session and the person conducting a prosecution before a Special Court, shall be deemed to be a Public Prosecutor.

 

11. Section 12 AC starts with words, "save as otherwise provided in this Act." It necessarily, therefore, means that the Special Judge has to exercise the powers under the Code as provided in this Act itself.

 

12. Nowhere under the Act the Special Judge has been empowered to exercise the power as conferred under Section 258 of the Code save and except the provisions as laid down under Section 260 and 262 of the Code where the procedures of summary trials have been provided.

 

13. By necessary implications of the provisions of Section 12AA(1)(C) and 12AC of the Act, it must be held that the Special Judge (E.C. Act) has no jurisdiction to exercise powers as envisaged under Section 258 of the Code as it was exercisable only in summons cases exclusively triable by a Magistrate.

Read the Judgment

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