JUDGEMENT
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(1.)The petitioner has filed this petition under Article 226 & 227 of the Constitution of India and also under Section 482 of the Criminal Procedure Code, 1973 praying for quashing and setting aside the order of the Special Judge in taking cognizance by directing registering the Charge-sheet as Special Case No. 6/2004. The petitioner has also prayed for quashing and setting aside the Charge-sheet filed by the Investigating Officer, CID Crime, Vadodara Zone, against the petitioner accused, declaring him in Column No. 2 as 'absconding accused'. The petitioner has further prayed for the direction to the Investigating Agency to submit the report before the appropriate Court for further proceedings to be initiated in compliance with the provisions of Section 340 and 195 of the Cr.P.C. The petitioner has also prayed for stay against the further proceedings of Special Case No. 6/2004 during the pendency of this petition. Similarly, the petitioner has prayed for quashing and setting aside the order issuing Warrant under Section 70 of the Cr.P.C. In Cri. Misc. Application No. 831 of 2004 on 04.09.2004 and also prayed for stay against the implementation and execution of the Warrant directed to be issued by the Special Court on 04.09.2004.
(2.)Mr. A.D. Shah, learned advocate appearing for the petitioner has submitted that CID Crime, Vadodara Zone registered offence as CR No. I-1 of 1995 for the offences under Sections 389, 348, 409, 465, 466, 468, 471, 474, 419, 411, 109, 114, 115, 119, 120B, 167, 182, 193, 195, 196, 199, 200, 205, 209, 211, 219, 220 and 506 (1) of the Indian Penal Code as well as Section 7, 13(1)(d) read with 13 (2) of the Prevention of Corruption Act, 1988. The Investigating Agency has filed the Charge-sheet on 27.04.2004 and the learned Special Judge registered the same as Special Case No. 6 of 2004. Mr. Shah has further submitted that the Investigating Officer submitted an application against the absconding accused for issuance of Warrant under Section 70 of Cr.P.C. on 05.07.2004 which was numbered as Cri. Application No. 929 of 2004 and the learned Special Judge has directed to issue Non-bailable arrest Warrant on 04.09.2004 which would be operative for three months.
(3.)In the above background of the matter, the present petition was filed challenging the action of the Special Judge in taking cognizance of the offences against petitioner. Mr. Shah has further submitted that in view of the provisions contained in Section 340 read with Section 195 of Cr.P.C., the learned Special Judge has no power or authority to take cognizance of the said offence. He has further submitted that the only Court in which the offence was committed has the power to file the complaint and after following the procedure prescribed under Section 340 of Cr.P.C., the cognizance could be taken.
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