PURSHOTTAM VIJAY Vs. STATE

JUDGEMENT

(1.) THESE two revision petitions are being decided together because they arise out of the same order of the First Additional Sessions Judge, Indore, in Special Criminal Case No. S of 1978, of 6-6-1980 purporting to act Under Section 321 (b) of the Cr. P. C, allowing the Additional Government Pleader to withdraw from the prosecution and acquitting the accused-non-applicants of offences they were earlier charged with.

(2.) THE relevant facts in short are as follows: During 1969-70 the accused non-applicant No. 2 Suresh Seth was the Mayor of the Indore Municipal Corporation, the accused non-applicant No. 3 Pushpakumar Dixit, the Commissioner in the Corporation, the accused-non-applicant No. 4 Himmatsingh, an employee in it and the accused-nonapplicant No. 5 Rameshchandra Dave, a local businessman. The Special police Establishment, Bhopal on 8-12-1978 put up a charge-sheet before the Sessions Judge, Indore, alleging that the accused-non-applicants 2, 3 and 4 in the capacity of public servants entered into a conspiracy with the accused-non-applicant No. 5 Rameshchandra Dave and without following the prescribed legal procedure prepared or got prepared some false documents so that they could be used as genuine. In order to cheat the Corporation and to convert to their own use, Rs. 1,36,675-50:/- were paid to the accused-non-applicant Rameshchandra Dave as the price of the 12 Road Rollers worth in fact only Rs. 24,491-20, they thereby committing the offences punishable Under Sections 120b/ 419, 420 or 409, 465 and 471 I- P. C. and Section 5 (1) (c) read with Section 5 (2) of the Prevention of Corruption Act (agains1 the alleged Public servants ). The Sessions Judge registered it as a Special Case No. 6 of 1978. There being more Special Judges than one for the area within which these offences were allegedly committed, the case was made over by the order dated 2-2-1979 by the, Sessions Judge to Mr. M. V. Apte, First Additional Sessions Judge by the State for trying the case, vide Order No. Fa-6-2/79/b/21 dated (?) January 1979. Mr. M. V. Apte, during the course of hearing of the case decided some inter- locutory applications and on 12-11-1979 framed chargescharging each of the accused-non-applicants Suresh Seth, Pushpakumar Dixit, and Himmatsing with offences punishable Under Sections 120-B and 409 IPC and Section 5 (1) (c) read with Section 5 (2) of the Prevention of Corruption Ad and the accused-non-applicant Rameshchandra with the offences punishable Under Sections 120-B, 419, 420, 465 and 471 IPC.

(3.) THEREAFTER it appears that Mr. M. V. Apte was transferred and the case was adjourned from time to time in the expectation of a Special Judge vice Mr. M. V. Apte being specified by the State Government. During all this period Mr. M. D. Chandwaskar, the non-applicant No. 6 in Criminal Revision No. 254 of 1980 continued appearing for the State as Public Prosecutor and the proceedings on some dates were kept on being signed by the First Additional Sessions Judge, Indore as appears from the seal but ali along in the expectation of a Special Judge being specified to try the case by the State Government.