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Showing contexts for: fodder scam in Srinidhi Karti Chidambaram vs The Deputy Director Of Income Tax ... on 12 May, 2020Matching Fragments
(b) of section 26 makes it clear that offences on hand which are ‘offences under any other law’ are triable in accordance with the First Schedule to Cr.P.C.
53 In this regard, this court deems it appropriate to deal with arguments advanced regarding all determinants qua First Schedule to Cr.P.C and exclusivity of jurisdiction. With regard to First Schedule to Cr.P.C., a submission was made by pressing into service a decision of Hon’ble Supreme Court in Kamlesh Kumar Vs. State of Jharkhand reported in (2013) 15 SCC 460. This submission/ argument was to the effect that with regard to First Schedule to Cr.P.C, the court by which offences is triable will apply only if all the other columns remain unaltered. Extending this argument, it was submitted that instant cases which fall under Part-II of First Schedule of Cr.P.C is relatable to cognizable offences in the second column, whereas Section 279A of IT Act has made the offences on hand non cognizable offences. http://www.judis.nic.in Crl.O.P.Nos.22136 and 22137 of 2019, 1526 and 1527 of 2020 54 This Court examined this argument. Kamlesh Kumar case pertains to what is referred to as Fodder Scam case in Bihar. Children of former Director of Department of Animal Husbandry assailed trial of FERA case against them by Sessions Court. Hon’ble Supreme Court held that offences for which petitioners in Kamlesh Kumar case were tried had been held to be non cognizable under section 56 of erstwhile FERA and therefore, there is no exclusivity.