STATE OF GUJARAT Vs. GIRJASHANKER VANMALIDAS JOSHI

JUDGEMENT

(1.) The State of Gujarat has filed this application to set aside the order of the Special Judge Rajkot quashing the proceedings in Special Criminal Case No. 3 of 1963 such as framing of charge etc and sending back the record to the Deputy Superintendent of Police Anti-Corruption Branch Rajkot for re-investigating the whole case and for submission of a fresh charge-sheet in accordance with law. He also directed that Special Criminal Case No. 3 of 1963 should be shown as disposed of. The charge framed reads as follows:-

(2.) The charge is for dishonestly misappropriating an amount of Rs. 17 0 and odd. The offence clearly falls under sec. 5(1)(c) of the Prevention of Corruption Act as the charge is in respect or dishonest misappropriation. The provisions of sec. 222 of the Code of Criminal Procedure would apply as the period covered by the charge-sheet should not exceed one year. But in this case the period is from 1953 to 1960 and the charge is therefore clearly illegal and is quashed. The learned Special Judge should himself split up the items of misappropriation so as to fall within the period of one year but he should not send back the record to the Deputy Superintendent of Police Anti-Corruption Branch for re-investigation and for submitting a fresh chargesheet in accordance with law. There is no provision for sending the whole record back to the Deputy Superintendent of Police Anti Corruption Branch and for asking him to send a fresh chargesheet. The learned Special Judge cannot himself quash the charge.

(3.) The order of the learned Special Judge is therefore set aside. For the reasons given above the High Court quashes the charge and directs the Special Judge to frame a proper charge having regard to the provisions of section 222 of the Code of Criminal Procedure. His order that Special Criminal Case No. 3 of 1963 should be shown as disposed of is also quashed. Application allowed.