CENTRAL BUREAU OF INVESTIGATION Vs. RAM PRAKASH SHARMA

JUDGEMENT

(1.) HEARD learned Counsel for the parties and perused the papers on record.

(2.) CONTROVERSY involved in this revision is that the Special Judge (CBI), Uttaranchal, Dehradun vide the impugned order dated 29.3.2005 discharged the accused Ram Prakash Sharma from the offence of Section 409 IPC and found the case for levelling the charges only for the offences under Section 168 IPC read with Section 13(2)/13(1)(c) of the Prevention of Corruption Act, while the chargesheet was submitted by the CBI against Ram Prakash Sharma for all those offences.

(3.) ACCUSED Ram Prakash Sharma was a public servant and he was not doing this trade illegally. He was engaged under the rules and bylaws of the society for the benefit of its members, all of whom were the public servants of the railways. Section 168 IPC envisages in a different context and that comes into play only when a public servant not being authorized so, engages himself in a trade for his personal gains otherwise than his official duties.