STATE OF MAHARASHTRA Vs. MADHAV DAGDU BHONSALE

JUDGEMENT

(1.) THE State has sought revision of the order dated 11th August 1992 passed by the Special Judge, Thane in Special Case No. 1 of 1989 whereby the respondent accused was discharged for the offences punishable under Sections 120 (B), 419, 467, 468 and 471 of IPC read with Section 5 (1) (c) and 5 (1) (d) of the Prevention of Corruption Act by dropping the prosecution against him.

(2.) THE respondent accused is alleged to have committed the aforesaid offences during the period between 1-11-83 to 28th February, 1984 when he was working as Superintending Engineer with the Government of Maharashtra. He retired from the service on 29-2-1984 and thereafter FIR was lodged against him on 11th June, 1985. After the completion of the investigation the charge-sheet was submitted in the Court of the Special Judge, Thane on 13th January, 1989 against the respondent. The cognizance was taken and the process was issued against the respondent.

(3.) THE respondent-accused thereafter made an application dated 22nd October, 1991 for discharge on the ground that the charge-sheet was filed more than four years after the retirement of the accused-respondent and, therefore, he was not liable to be prosecuted by virtue of provisions of the Pension Rules. The said application was allowed by the Special Judge relying on Rule 27 (3) of Maharashtra Civil Services (Pension) Rules, 1982 which runs as under :