K SHYAM RAO Vs. STATE

JUDGEMENT

(1.) A crime was registered against the accused on 25-7-1979. Thecharge-sheet was filed on 21-1-1984 and the case has been registered before the Ist Addl. Special Judge for SPE & ACB Cases Hyderabad, as C.C.No. 4/84 against the accused for the offence under Sec. 5(2) read with Sec. 5(l)(a) and (d) of the Prevention of Corruption Act. The accused was retired on 28th February, 1983, on attaining superannuation. The accused filed Crl. MP No. 210/84 under Sec. 239 CrPC for discharge. The learned Special Judge dismissed the petition. Against that the accused preferred Crl.R.C. No. 125/85.

(2.) On the basis of another complaint dated 27-7-1979, the charge-sheet was filed on 6-9-1985, alleging that the accused has committed the offence under Sec. 5(2) read with Sec,-5(1)(d) of the Prevention of Corruption Act and the same was registered as CC No. 44/85. The accused filed Crl.M.P.No. 171/85 under Sec. 239 Cr.P.C. for discharge. The Hnd Addl. Special Judge for SPE & ACB Cases, Hyderabad, dismissed that petition.

(3.) In both the revisions, the point involved is one and the same, viz.whether the prosecution was barred by virtue of the provisions contained in Rule 9(3) of the A.P. Revised Pension Rules, 1980. The Rule reads as follows :