State Of Rajasthan vs Dr. J.P. Sharma And Ors. on 1 March, 1982
In support of his contention he has placed reliance on Dr. Kailash Nath v. State of Rajasthan 1074 Raj LW 428. In the aforesaid case the learned single Judge of this Court held that it was necessary under Section 7 (2) of the Act for the State Government to specify which of the Special Judges shall try the offence committed by the accused and as State Government did not so specify by any such notification the trial of the case by one of them was without jurisdiction. The State Government in exercise of the powers conferred by Section 6 of the Act issued first notification dated August 26, 1952 appointing all Sessions Judges and Additional Sessions Judges in Rajasthan, by virtue of their office, to be Special Judges within their respective jurisdiction for the purpose of the Act. In partial modification of the aforesaid notification, the State Government issued second notification on November 18, 1955 and was pleased, to appoint Sessions Judge, Jaipur city to be Special Judge also for the trial of all the cases investigated by the Delhi Special Police Establishment involving offences punishable under Section 161 or 105 or 165A of the Indian Penal Code or Section 5 (2) of the Prevention of Corruption Act, 194? with jurisdiction over the whole State of Rajasthan. In supersession of the aforesaid notification issued in this behalf, the third notification was issued by the State Government on February 26, 1958 and under it the Sessions Judges, Additional Sessions Judges and Assistant Sessions Judges specified in Col. 2 of the sub-joined Schedule by virtue of their office were appointed to be Special Judges to exercise jurisdiction respectively in the areas mentioned against each in column 4 thereof In respect of the cases other than those investigated by the Delhi Special Pottca Establishment, In column 2 of the sub-joined Schedule, for Jaipur city (Municipal Limits) Sessions Judge, Jaipur city and for Jaipur district (excluding Municipal limits of Jaipur) Sessions Judge, Jaipur District, Jaipur were appointed as Special Judges. Later on by another notification dated May 20, 1965 so far as para (11) was concerned, the State Government made an amendment in the aforesaid notification dated February 26, 1958 and in the said notification in para (11), before the Schedule, for the expression "Sessions Judge, Jaipur city" the expression "Special Judge, Jaipur city" who under the notification dated February 26, 1058 was appointed as Special Judge for the Jaipur city (Municipal- limits) in respect of the cases other than those investigated by Delhi Special Police Establishment, was appointed Special Judge with jurisdiction over whole of the State of Rajasthan for trial of cases investigated by Delhi Special Police Establishment. Under the notification dated May 20, 1965 in respect of Sessions Judge, Jaipur city so far as the trial of the cases investigated by the Delhi Special Police Establishment was concerned Special Judge No. 2 Jaipur was appointed, as Special Judge, The Sessions Judge, Jaipur city was appointed to be Special Judge under the notification of February 26, 1958 for trial of offences under Section 6 (1) of the Act in respect of the cases other than those investigated by Delhi Special Police Establishment. Yet another notification under Sub-section (1) of Section 6 of thy Act was issued on July 17, 1967, whereby the State Government was pleased to appoint Shri Gopal Sahai Sharma, officiating Civil and Addl. Sessions Judge as Special Judge with his headquarters at Jaipur for the whole of Rajasthan to try the offences specified in Section 6 (1) of the Act. Thus at the relevant time when a charge-sheet was filed, against the accused persons there were two Special Judges for cases other than of the Delhi Special Police Establishment, one Sessions Judge, Jaipur City and the other Special Judge (G.S. Sharma).