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2006 (11) TMI 624
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....udge, Anakapalle, his staff, the advocates of the claimants, the advocates appearing on behalf of the State and other officials were said to be involved. Upon obtaining requisite permission from the High Court, the CBCID registered a case and investigation thereinto was carried on. In its report dated 4.5.1998, the Additional Director General of Police, CID, Hyderabad indicated about a large scale conspiracy and fraud committed by the accused persons. Allegations made as against the accused came within the purview of the offences specified under Section 195 of the Criminal Procedure Code as a result thereof an inquiry under Section 340 thereof was imperative. The High Court got the matter examined by a Special Committee. It was opined that an inquiry may be conducted by District Judge, Vishakhapatnam. The report of the said Committee having been approved by the Full Court of the High Court, an inquiry was made by the District Judge, Vishakhapatnam. The learned District Judge examined a large number of witnesses and ultimately filed a complaint on 1.5.1999, pursuant to the findings recorded therein. An appeal came to be filed thereagainst by respondents herein before the High Court,....
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....sel appearing on behalf of the respondents, on the other hand, urged that the Land Acquisition Judge being not a Court subordinate to the District Judge, the Complaint Petition at the instance of the latter was not maintainable. Before we embark upon the issues raised before us, we may notice the relevant statutory provisions. Land Acquisition Act was enacted to amend the law for the acquisition of land needed for public purposes and for Companies and for determining the amount of compensation to be made on account of such acquisition. It is a complete Code by itself. It defines "Court" to mean a Principal Civil Court of original jurisdiction, unless the Appropriate Government has appointed (as it is hereby empowered to do) a special judicial Officer within any specified local limits to perform the functions of the Court under the Act. An Award is made under the Act by the Collector. Only when an awardee is dissatisfied with the Award, he may file an application before the Collector, in terms of Section 18 of the Act, whereupon a reference may be made to a court. Section 26 of the act reads as under : "26. Form of awards.--(1) Every award under this Part shall be in writing sign....
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....ic servant concerned or of some other public servant to whom he is administratively subordinate; (b) (i) of any offence punishable under any of the following section of the Indian Penal Code (45 of 1860), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, or (ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, or (iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub-clause (i) or sub-clause (ii), except on the complaint in writing of that Court or by such officer of the Court as that Court may authorise in writing in this behalf, or of some other Court to which that Court is subordinate. (2) .......................... (3) In clause (b) of sub-section (1), the term "Court" means a Civil, Revenue or Criminal Court, and includes a tribunal constituted by or under a Centra....
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....f sub-section (4) of section 195. (3) A complaint made under this section shall be signed, (a) where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint; (b) in any other case, by the presiding officer of the Court or by such officer of the Court as the Court may authorise in writing in this behalf. (4) In this section, "Court" has the same meaning as in section 195." In terms of a notification issued by the State, a reference was to be made to a subordinate Judge. "Would the said Court be the subordinate to the Court of District Judge?" is the core question. In our opinion, it would not be. A Court of Subordinate Judge may be subordinate to District Judge for administrative purpose. He may be a court subordinate to it under the Code of Civil Procedure. But in relation to a proceeding under the Land Acquisition Act, it would not be. We have noticed that in terms of Section 53 of the Land Acquisition Act, the procedures laid down under the Civil Procedure Code would apply but the same is subject to the exceptions specified therein, viz., save in so far as they may be inconsistent with anything contained therein. Land Acqu....
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....he Criminal Procedure Code shall apply. It is, thus, the presiding officers of those forums only, which are specified under Sub-Section (3) of Section 195 of the Criminal Procedure Code, may file a complaint petition in relation to the offences punishable under the Sections specified in Clause (b) of Sub-Section (1) of Section 195 of the Criminal Procedure Code. It is only for that purpose a legal fiction has been created, stating that the Court shall be deemed to be Subordinate to the Court to which appeals ordinarily lie. If an appeal exclusively lies to the High Court, the Court of Land Acquisition Judge shall be subordinate to the High Court and not the Principal Civil Court, although appeal may lie before the latter from the judgments and decrees passed by it in the suits which may be filed before it. Section 195 of the Criminal Procedure Code does not recognise administrative discipline; it recognises judicial discipline with regard to the right of the higher authority to exercise appellate powers. The expression "ordinarily" may mean "normally", as has been held by this Court in Kailash Chandra vs. Union of India [(1962) 1 SCR 374 : AIR 1961 SC 1346] and Krishangopal vs. Shr....
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....efore the trial Court asking that a complaint be filed against the defendant under section 193 and 471 IPC. When the decree was passed the Court was presided by one Mr. Barlow. When the application was made for filing the complaint Mr. Barlow was transferred and Mr. Augustine was the Subordinate Judge. Before that application could be heard Mr. Augustine was also transferred and no Subordinate Judge of the First Class was appointed in his place. One Mr. K.K. Gujral, a Subordinate Judge of the Fourth class was sent to the area and was asked to decide the matter, but as he was only a Subordinate Judge of fourth Class he made a report to the District Judge that he had no jurisdiction because the offence had been committed in the Court of the Subordinate Judge of First Class. The District Judge then transferred the matter to the Senior Subordinate Judge Mr. Preetam Singh and he made a complaint which was subject matter of challenge before the Supreme Court. After Mr. Preetam Singh passed an order which was challenged in an appeal before the Additional District Judge Mr. J.N. Kapoor. The learned Judge held that the Senior Subordinate Judge Mr. Preetam Singh had no jurisdiction to make t....