AIR 1984 SUPREME COURT 718 ::1984 CurCriJ 185 ::1984 (2) SCC 500 ::1984 SCC(Cri) 277 ::1984 (86) Bom LR 228 ::(1984) AllCriLR 486 ::1984 (1) Bom CR 345 ::1984 (1) Crimes 547 ::1984 (1) ServLR 666 ::(1984) SC Cr R 295

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): D. A. Desai, R. S. Pathak, O. Chinnappa Reddy, A. P. Sen, V. Balakrishna Eradi , JJJ

(A) Criminal Law (Amendment) Act (46 of 1952) , S.8, S.7, S.6— Prevention of Corruption Act (2 of 1947) , S.5, S.5A, S.7A— Private complaint in respect of offence committed by public servants - Cognisance by Special Judge - Legal - @page-SC719S. 5-A of Act 2 of 1947 is not a condition precedent for initiation of proceeding. Criminal P.C. (2 of 1974) , S.190, S.200, S.202, S.238, S.239, S.240, S.241, S.242, S.243, S.244, S.245, S.246, S.247, S.248, S.249, S.250— Criminal P.C. (5 of 1898) , S.190, S.200, S.202, S.251A, S.252, S.253, S.254, S.255, S.256, S.257, S.258— Interpretation of Statutes - Penal Laws. A private complaint can be entertained by the Special Judge in respect of the offences committed by public servants as enumerated in S. 6 (1) (a) and (b) of the 1952 Act. Cognizance of the same by Special Judge is legal. Case law discussed(Para 35) It is a well recognised principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute erecting an offence provides for the eligibility of the complainant, by necessary implication the general principle get excluded by such ....