-: Re: [rti4empowerment] Re: Police complaint for black money.

All these provisions are bookish, merely exibitive in nature only. Hardly any magistrate in India may take cognizance of an offence against public servant as described in the law enunciated by you. I have filed at least 20 cases against public servants but cognizance was taken only in one case who went in Revision before ADJ. And my counsel in ADJ Court did not presented my written arguments prepared by me . On one day he ,at the behest of APP, he absented from the hearing and the Revision Petition of accused was allowed. Now my Revision before RHC is pending since 2008. This is character of Indian Judiciary. Most of the advocates and Judges( former advocates) possess this nature and those who are of sound character may difficult to survive in this environment. I have so many examples of filth.One need not to feel much enthusiastic about Indian Litigation Industry.Private persons appearing before Courts are viewed adversely by advocates, Judges as well as Court staff. These are the Ground realities of Indian Litigation Industry though I would not like to discourage anyone but without fundamental changes to this rotten system public may not gain anything though the Advocates, Judges, Staff and police all are virtual beneficiaries to this state of affairs. States having good per capita income like Punjab-haryana are more lucrative for Advocates and may be more filthy.

Mani Ram Sharma

On Mon, Feb 25, 2013 at 11:44 PM, RTIFED - Surendera M. Bhanot <bhanot1952@gmail.com> wrote:

Dear 498aka dushman,

I do not know who you are, as you have concealed your ientity behind "498aka dushman".

If you realy ave proof why don't you go ahead and file a complaint and you will be the PROSECUTOR
yourself under Section 5(3) of the Prevention of Corruption Act 1988. yOU DO NOT NEED cbi/police/
government permissions/Income Tax or any other authority. They themselve come rushing on receiving
a Notice from the Court.

SECTION 5 OF PREVENTION OF CORRUPTION ACT 1988

5. Procedure and powers of special Judge

(1) A special Judge may take cognizance of offences without the accused being committed to

him for trial and, in trying the accused persons, shall follow the procedure prescribed by the
Code of Criminal Procedure, 1973. for the trial of warrant cases by Magistrates.

(2) A special Judge may, with a view to obtaining the evidence of any person supposed to

have been directly or indirectly concerned in or privy to, an offence, tender a pardon to such
person on condition of his making a full and true disclosure of the whole circumstances
within his knowledge. relating to the offence and to every other person concerned, whether as

principal or abettor, in the commission thereof and any pardon so tendered shall, for the
purposes of sub-sections (1) to (5) of section 308 of the Code of Criminal Procedure, 1973,
be deemed to have been tendered under section 307 of that Code.

(3) Save as provided in sub-sections (1) or sub-section (2), the provisions of the Code of
Criminal Procedure, 1973, shall, so far as they are not inconsistent with this Act, apply to the

proceedings before a special Judge; and for the purposes of the said provisions, the Court of
the special Judge shall be deemed to be a Court of Session and the person conducting a
prosecution before a special Judge shall be deemed to be a public prosecutor.

(4) In particular and without prejudice to the generality of the provisions contained in subsection
(3), the provisions of sections 326 and 475 of the Code of Criminal Procedure, 1973,

shall, so for as may be, apply to the proceedings before a special Judge and for the purposes
of the said provisions, a special Judge shall be deemed to be a Magistrate.

(5) A special Judge may pass upon any person convicted by him any sentence authorised by

law for the punishment of the offence of which such person is convicted.

(6) A special Judge, while trying an offence punishable under this Act, shall exercise all the
powers and functions exercisable by a District Judge under the Criminal Law Amendment

Ordinance, 1944.

WITH WARM REGARDS
Surendera

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