- (1.) The present proceedings arise out of a complaint filed by one Ramadas Shrinivas Nayak in the Court of the learned Sessions Judge and Senior Special Judge in Bombay for offences under Sections 161, 165, 420 and 483 of the Indian Penal Code and Section 5(2) of the Prevention of Corruption Act, 1947. The learned Special Judge His Honor Shri Bhutta took cognisance and issued process against the accused. The case was registered as Special Case No. 24/82. All the offences were alleged to have been committed by the accused during the time when he was the Chief Minister of Maharashtra. Prior to the filing of the complaint the Governor of Maharashtra had sanctioned the prosecution of the accused for some of the offences alleged in the complaint but in view of the fact that before 9th August, 1982 the accused has resigned his office the necessity for obtaining any sanction under the Prevention of Corruption Act did not arise. The complaint therefore included some offences for which the Governor had not granted a sanction. No sanction under the Prevention of Corruption Act was necessary for offences of cheating and extortion.
(2.) When the accused appeared before the learned Special Judge he objected to the jurisdiction of the learned Judge on the ground that the case had not been properly allocated to him by the State Government. His Honor Judge Bhutta after hearing the parties decided that the case was validly before him and he had properly taken cognizance. The order of the learned Judge was based upon a construction of the existing orders of allotment of work which were in force at that time.
(3.) Against the order of the learned Special Judge rejecting the accuseds contention the accused filed a revisional application in the High Court of Bombay being Criminal Revision Application No. 510 of 1982. During the pendency of the said revisional application the Government of Maharashtra issued a notification dated 16-1-1983 appointing His Honor Judge Shri R.B. Sule as Judge for Special Case No. 24/82. The accused thereafter did not raise any further objections in the High Court against cognizance by Shri Bhutta. His other objections were, however, dismissed by the High Court by its judgment and order dated 7th March, 1983.;