From Para 14,
14. On a careful reading of the aforesaid provision, it is quite vivid that the Court of Session can take cognizance of any offence as a Court of original
jurisdiction except as otherwise expressly provided by the Code or by any other law for the time being in force only if the case has been committed to it by a Magistrate.
From Para 28,
28.From the aforesaid pronouncement of law rendered by the Constitution Bench of the Supreme Court, it is quite vivid that under the provisions of the Prevention of Corruption Act, the Special Judge is not prohibited from exercising power and jurisdiction under Section 156(3) of the Code when there is no exclusion of power in respect of the point raised.
hence, from Paras 32 and 33,
32.Thus, from the aforesaid proposition of law rendered by the Supreme Court in A.R. Antulay (supra) and the M.P. High Court in Anand Swaroop Tiwari (supra), it is quite vivid that the Special Court constituted under Section 14 of the Act of 1989 is the criminal court of original jurisdiction and is not governed by Section 193 of the Code, and the Special Court can take cognizance in any of the circumstances referred to in Section 190 of the Code and is governed by Chapters XV & XVI of the Code and such other provisions of the Code which are not inconsistent with the status and functions as Courts of original jurisdiction. Therefore, the Special Courts constituted under the Act of 1989 will also have power and jurisdiction to invoke Section 156(3) of the Code to direct investigation in exercise of power conferred, to the Station House Officer subject to fulfillment of making two prior applications under Section 154(1) and thereafter under Section 154(3) of the Code by the complainant. As such, I do not find any merit in the submission of learned Senior Counsel for the petitioners that the Special Judge under SC & ST Act has no power and jurisdiction to invoke Section 156(3) of the Code and to direct registration of FIR and investigation. Such a submission being meritless and substance-less deserves to be and is accordingly rejected.
33. Having answered question No.1 against the petitioners and in favour of respondent No.2, reverting to the second question whether the learned Special Judge is justified in invoking power and jurisdiction under Section 156(3) of the Code after finding compliance with the provisions contained in subsections (1) & (3) of Section 154 of the Code, it would be necessary to point out here that in order to make a duly constituted application for invoking the jurisdiction of the learned Special Judge under Section 156(3) of the Code, compliance of subsections (1) & (3) of Section 154 of the Code would be absolutely necessary rather it would be sine-qua-non for making the application under Section 156(1) of the Code maintainable.
From Paras 35 and 36,
35.From the focused perusal of Section 154(1) of the Code, it is quite vivid that every information relating to commission of cognizable offence, if given orally to in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant and every such information given in writing or reduced in writing as above-said shall be signed by person giving it and substance thereof shall be entered into book kept by such officer. Subsection (3) of Section 154 of the Code provides the procedure to be followed by informant, if officer in charge of a police station refuses to record the information referred to Section 154(1) of the Code and mandates that substance of such information in writing may be sent by post, to the Superintendent of Police concerned, who if satisfied that such information discloses commission of cognizable offence either investigate himself or direct an officer subordinate to him to investigate in the manner provided by the Code.
36.Their Lordships of the Supreme Court in the matter of Priyanka Srivastava (supra) laid down duty and approach of Magistrate while exercising power under Section 156(3) of the Code and highlighted preconditions to be satisfied to maintain the application under Section 156(3). It has also been held that power under Section 156(3) warrants application of judicial mind and there has to be prior application under Section 154(1) and 154(3) of the Code.
Jaisingh Agarwal and Anr Vs State of Chhattisgarh and Anr on 27 Oct 2020