Topic

Special Judge jurisdiction

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Special Judge Loses Cognizance Jurisdiction Once Charge-Sheet Omits PC Act Offences; Transferee Magistrate Must Pass Fresh BNSS Remand Orders : Bombay HC
Case Law Analysis

Special Judge Loses Cognizance Jurisdiction Once Charge-Sheet Omits PC Act Offences; Transferee Magistrate Must Pass Fresh BNSS Remand Orders : Bombay HC

Bombay HC held that a Special Judge under the PC Act loses cognizance jurisdiction once the charge-sheet omits corruption offences. The transferee magistrate must pass fresh cognizance and remand orders under the BNSS; failure renders detention illegal. Two accused were released where the CBI charge-sheet dropped PC Act charges but the Special Judge retained the file without valid BNSS remand orders.