ANUP KUMAR GOND Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) With the consent of both the parties, matters are heard for final disposal.

(2.) The petitioner had preferred an application for discharge in Special Case 83 of 2003 before the Special Judge, CBI which was rejected vide order dated 07th July 2010. The petitioner thereafter preferred Criminal Writ Petition No. 675 of 2011 before this Court. By order dated 03.08.2011, the order rejecting discharge application was set aside by this Court and the matter was remanded back to the learned Special Judge to consider the issue as to whether the petitioner is a public servant or not in the light of the observation of the Apex Court in the case of S.S. Dhanoa versus Municipal Corporation of Delhi, (1981 (3) SCC 431).

(3.) The trial Court thereafter heard the application for discharge in Special Case No. 83/2003 and by order dated 02.07.2012, the petitioner / accused No.3 was discharged. The said order of discharge dated 02.07.2012 is challenged by the CBI by preferring Criminal Revision Application No.332 of 2013. The accused No.4 in Special Case No. 83 of 2003 had also preferred an application for discharge before the Special Judge. The said application was also allowed and the accused was discharged of the offence under Section 13(2) read with 13(1) (c) (d) of Prevention of Corruption Act,1988. The said order dated 02.07.2012 discharging accused No.4 Chandulal Thadani has been challenged by the CBI by preferring Criminal Revision Application No. 333 of 2013.