(1.) In this batch of writ petitions, we are required to answer the reference made by the learned Single Judge in respect of the following question:
(2.) Before dwelling upon the issue under reference, it would be apt to state under what circumstances the reference arose. For the said purpose, it is necessitous to have a brief advertence to the facts in the referral order. The petitioners had filed writ petitions for quashment of the orders of the learned Special Judge framing charges for the offence punishable under Prevention of Corruption Act, 1988 (for short the 1988 Act?) along with or without charges for offence under India Penal Code (for short the IPC?). As the order of reference would reveal, the learned Single Judge has taken note of the fact that some of the petitions were filed under Articles 226 and 227 of the Constitution of India and some petitioners had filed criminal revisions which were converted to writ petitions on such a prayer being made and further some writ petitions were filed after dismissal of the revision petitions as this Court had held that the revision petition for quashing of the charge framed under the 1988 Act was not maintainable. The learned Single Judge took note of the decision in Dharambir Khattar v. Central Bureau of Investigation, 2009 159 DLT 636. In the said case, another learned Single Judge has opined thus:
(3.) Thereafter, the learned Single Judge referred to the decision in R.C. Sabharwal v. Central Bureau of Investigation, 2010 166 DLT 362, wherein another learned Single Judge has held thus:
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