NARAYAN GANPATI WARAMBHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD. Rule. With the consent of the learned Advocate for the petitioner and learned A. P. P. , Rule in Writ Petition No. 235/2000 is made returnable forthwith and with their consent the matter is heard forthwith alongwith the Writ Petitions No. 75/2000 and 273/2000. In these writ petitions common questions arise for consideration and as such it is proposed to dispose of the same by common judgment.

(2.) FIRST of all it is necessary to enumerate the brief facts which lead to the filing of these writ petitions. In Criminal Writ Petition No. 75/2000, the petitioner was charge-sheeted for offences under sections 7, 13 (1) (d) read with section 13 (2) of Prevention of Corruption Act, in respect of an incident of acceptance of bribe of Rs. 500/- on 11-12-1990. The charge-sheet was filed on 24-12-91 and it was registered as a Special Criminal Case No. 30/91. The charge was framed on 18-1-1994. The matter was fixed for prosecution evidence for the first time on 8-7-1999. On 12-7-1999 the application was filed by the petitioner for closure of the prosecution case. This application was rejected by the trial Court vide order dated 14-12-1999. This order is subject matter of this writ petition. In Criminal Writ Petition No. 235/2000 the police had filed charge against petitioner for offences under sections 7, 13 (1) (d), read with section 13 (2) of Prevention of Corruption Act, 1988 for acceptance of bribe of Rs. 108/- on 30-10-1990. It appears that the charge-sheet was filed some where in the year 1992 and the charge was framed on 27-7-92. No evidence has been recorded in this case. The State had filed an application on 6-6-2000 requesting grant of opportunity to the prosecution to examine witnesses in the interest of justice. The title of this application shows that it was filed under section 311 of Criminal Procedure Code. The trial Court vide order dated 12-6-2000 allowed the said application and granted two months time to the prosecution to examine witnesses. This order is subject matter of challenge in this writ petition. In Criminal Writ Petition No. 273/2000 the petitioner was charge-sheeted for offences under section 161 of I. P. C. and under section 5 (10) (e) read with section 5 (2) of the Prevention of Corruption Act, 1947 for accepting bribe of Rs. 100/- on 22-3-1986. The charge-sheet was filed on 24-12-88. The charge was framed against the petitioner on 9-11-1990. No evidence has been recorded in this matter. On 24-9-1999 the application was filed by the petitioner for closing the prosecution case. The said application was rejected vide order dated 7-7-2000, this order is subject matter of challenge in this writ petition.

(3.) LEARNED Advocate Shri M. R. Daga argued Criminal Writ Petition No. 75/2000 and 273/2000 on behalf of the petitioner and learned Advocate Shri H. Dangre, argued Criminal Writ Petition No. 235/2000 for the petitioner. Learned A. P. Ps. argued all the petitions on behalf of State.