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State Of Gujarat vs Patel Shankerlal Bhabhaidas on 17 December, 1985 cites

Naval Kishore Agrawal And Ors. vs State Of Bihar on 7 July, 1984

10. The learned Public Prosecutor has relied upon the Division Bench decision of the Patna High Court in the case of Nawal Kishore v. State of Bihar, 1985 Cri.L.J. 254. In that case the Division Bench of the Patna High Court has interpreted the provisions of Sections 12AA and 12AC and has held that a Special Court under the Act can take cognizance of the offences under the Act either on a police report or on a complaint in writing by the public servant as contemplated under Section 11 of the Act. It has rejected the contention that in view of Clause (e) of Section 12AA(1) the cognizance can only be taken upon a police report and not by any methods of taking cognizance under the law. It further held that if this contention is accepted, then the same would virtually render a substantial part of Section 11 of the Act otiose barring cognizance on police reports. I entirely agree with the reasons given by the Division Bench of Patna High Court because Section 11 of the Act envisages that on a report in writing of the facts constituting an offence made by a person who is a public servant as defined under Section 21 of the Indian Penal Code, the cognizance of the offence can be taken by the Court.
Patna High Court Cites 14 - Cited by 5 - Full Document
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