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50. Since an affirmative finding has been recorded as regards jurisdiction of the C.B.I. to investigate the offence(s) allegedly committed by the respondents No.5 to 8, therefore, now this Court is required to adjudicate the latter portion of the issue No.(iii), which appertains to trial of the respondents No.5 to 8.

51. At this juncture, Section 223(d) Cr.P.C. is of utmost necessity inasmuch as it voices that, persons accused of different offences committed in the course of the same transaction, can be charged and tried 40 of 49 Neutral Citation No:=2025:PHHC:010508 together. Moreover, the Hon'ble Supreme Court has, in "Essar Teleholdings Limited Vs. Registrar General, Delhi High Court and Others", (2013) 8 SCC 1, while dealing with the scope of Section 223, held that although the petitioners therein were accused of different offences, however, since the said offences were alleged to have been committed in the course of same 2G Spectrum transactions, therefore, with the aid of Section 223, they can be charged and tried together with the other co-accused of 2G scam cases. Relevant paragraphs of this verdict are reproduced hereunder:-

24. From the aforesaid second charge sheet it is clear that the offence alleged to have been committed by the petitioners in the course of 2G Scam Cases. For the said reason they have been made accused in the 2G Scam Case.

25. Admittedly, the co-accused of 2G Scam case charged under the provisions of Prevention of Corruption Act can be tried only by the Special Judge. The petitioners are co-accused in the said 2G Scam case. In this background Section 220 of Cr.P.C. will apply and the petitioners though accused of different offences i.e. under Section 420/120B IPC, which alleged to have been committed in the course of 2G Spectrum transactions, under Section 223 of Cr. P.C. they may be charged and can be tried together with the other co-accused of 2G Scam cases.

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29. Admittedly, 2G Scam case is triable by the Special Judge against the persons accused of offences punishable under the PC Act in view of sub-Section (1) of Section 4. The Special Judge alone can take the cognizance of the offence specified in sub Section (1) of Section 3 and conspiracy in relation to them. While trying any case, the Special Judge may also try an offence other than the offence specified in sub-Section (1) of Section 3, in view of sub-Section (3) of Section 4. A magistrate cannot take cognizance of offence as specified in Section 3(1) of the PC Act. In this background, as the petitioners have been shown as co- accused in second supplementary chargesheet filed in 2G Scam case, it is open to the Special Judge to take cognizance of the offence under Section 120 B and Section 420 IPC."