PRATAP CHANDRA REDDY Vs. CBI

JUDGEMENT

(1.) This revision petition has been preferred by the petitioner being aggrieved by the order on charge dated 23.12.1998 as well as the charge of the same date.

(2.) By a detailed order in Criminal Revision Petition 52/1999, the same order on charge and charge was considered by this court. The petitioners in that revision petition have been discharged of the offences punishable under the Indian Penal Code. It has been held that the Vishwa Dharmayatan Trust, of which the present petitioner was a trustee, was found, prima facie, to have committed the offence under Section 23 read with Section 6 of the Foreign Contribution (Regulation) Act, 1976 (hereinafter referred to as the said Act) and Section 25 read with Section 13 of the said Act. Since the detailed reasons are given in the order passed in Criminal Revision Petition 52/1999, the same need not be repeated herein. The only additional circumstance that Mr Mathur, the learned senior counsel who appears for the petitioner herein, points out that the present petitioner cannot be implicated under Section 23 of the said Act and there are no allegations against him to bring him within the four corners of Section 26 of the said Act. Therefore, in his individual capacity, the petitioner is liable to be discharged.

(3.) The learned counsel for the CBI was also heard.