Special Judge jurisdiction under the anti-corruption law continues for connected offences once a composite trial has begun, despite the public servant's death.

Section 4(3) of the Prevention of Corruption Act, 1988 permits a Special Judge to try connected non-PC offences only when the Judge is already trying a PC Act case under Section 3(1). If charges under the PC Act and the IPC have been framed, the later death of the sole public servant abates only the case against him and does not destroy the existing composite trial jurisdiction over the private accused for related non-PC offences. Where no PC Act charge was ever framed before the public servant's death, the Special Judge never acquires the jurisdictional basis to continue against private accused alone, and the matter must go to the competent Magistrate.

---

---

Issues: (i) whether, after framing of charges under the Prevention of Corruption Act, 1988 and the Indian Penal Code, 1860, the death of the sole public servant divests the Special Judge of jurisdiction to continue the trial against private persons for non-PC offences; and (ii) whether, where no charge under the Prevention of Corruption Act, 1988 was framed against the public servant before his death, the Special Judge can nevertheless try the private accused for non-PC offences under Section 4(3).

Issue (i): whether, after framing of charges under the Prevention of Corruption Act, 1988 and the Indian Penal Code, 1860, the death of the sole public servant divests the Special Judge of jurisdiction to continue the trial against private persons for non-PC offences.

Analysis: Section 3(1) empowers appointment of Special Judges to try offences under the Act and conspiracies, attempts or abatements thereof. Section 4(1) gives the Special Judge exclusive jurisdiction over such offences, and Section 4(3) permits the Special Judge, when trying such a case, to also try other offences that may be charged at the same trial. Once charges had been framed for PC Act offences and connected IPC offences, the jurisdictional fact of "trying any case" under the Act stood satisfied. The subsequent death of the public servant abated only the case against him and did not undo the already exercised jurisdiction over the composite trial.

Conclusion: The death of the sole public servant did not divest the Special Judge of jurisdiction to proceed against the private accused for the connected non-PC offences; the trial could validly continue.

Issue (ii): whether, where no charge under the Prevention of Corruption Act, 1988 was framed against the public servant before his death, the Special Judge can nevertheless try the private accused for non-PC offences under Section 4(3).

Analysis: Section 4(3) is an enabling provision that operates only when the Special Judge is already trying a case under Section 3(1). The power to try non-PC offences is dependent on the existence of the jurisdictional fact of an ongoing PC Act trial. Where the public servant died before any charge under the Act could be framed and no PC offence was being tried, the Special Judge never acquired the factual basis necessary to invoke Section 4(3) for the private accused's non-PC offences. In that situation, the ordinary criminal court remained the proper forum.

Conclusion: The Special Judge could not continue to try the private accused for non-PC offences, and the case was rightly directed to be sent to the competent Magistrate.

Final Conclusion: The judgment draws a distinction between a case where the Special Judge has already commenced a composite PC Act and IPC trial, and a case where no PC Act trial had begun before the public servant's death; jurisdiction continues in the former, but not in the latter.

Ratio Decidendi: The Special Judge's power to try non-PC offences under Section 4(3) of the Prevention of Corruption Act, 1988 exists only when the Judge is already trying a PC Act case under Section 3(1); once that jurisdictional fact is present, later death of a public servant does not divest the court, but absent that fact the Special Judge cannot proceed against private accused for non-PC offences alone.

---