[Criminal Appeal No.161 of 2011]. [Criminal Appeal No.943 of 2008]. We are, in these cases, concerned with the interpretation of various sections that appear in Chapter II read with Chapter III of the Prevention of Corruption Act, 1988 (for short "the PC Act"), especially Sections 3, 4, 5 and other related provisions dealing with offences and penalties appearing in Chapter III of the PC Act. We are, in Criminal Appeal No. 943 of 2008, concerned with the question whether the Special Judge, after framing charges against a Public Servant under 13(2) read with Section 13(1)(b) falling under Section 3(1) of the PC Act and against private persons for offences under Sections 120- B, 420, 467, 468, 471 IPC can go ahead with the trial of the case against the private persons for non-PC offences, even after the death of the sole public servant. In other words, the question is whether, on the death of the sole public servant, the Special Judge will cease to have jurisdiction to continue with the trial against the private persons for non-PC offences. Further question raised is that, assuming that the Special Judge has jurisdiction under sub-section (3) of Section 4 of the PC Act to proceed against the private persons, is the Special Judge duty bound to try any non- PC offence, other than the offences specified under Section 3 of the PC Act against the accused persons charged at the same trial.
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