BALU SINGH SISODIA Vs. STATE OF M P

JUDGEMENT

(1.) The Order of the Court was delivered by, The petitioner has impugned the order dated 27.09.13, passed by Special Judge under the provisions of Prevention of Corruption Act, 1988 (for short 'the PC Act') in Special Trial No.4/13, whereby learned Special Judge rejected the application under Section 91 of Cr.P.C, on the ground that those documents can be filed under the provisions of Section 233 of Cr.P.C and those documents cannot be considered at th time of framing of charge because the same were not the part of the final report filed by the Investigating Officer.

(2.) Brief facts of the case are that the petitioner was initially appointed as junior engineer on 29.10.78 and thereafter, he was promoted as Assistant Engineer and at the time of raid/trap, he was working on the post of Assistant Engineer. The allegation against the petitioner that he had acquired assets in excess of his income. During investigation several important documents were collected, were with held and those documents were not included in the chargesheet. If those documents were considered even prima facie there was no scope to frame charges against him. At the time of framing of charges, the petitioner made an application under Section 91 of Cr.P.C, seeking consideration of the aforesaid documents at the time of framing of charges. The said application was rejected on the ground that at the time of framing of charges the Court is required to evaluate the material and documents on record. The trial Court held that at the stage of framing of charge, it is not obligatory for the trial Court to consider any detail and documents which are not part of the chargesheet.

(3.) The trial Court rejected the application and framed charge against the petitioner under Section 13 (1) (e) read with Section 13 (2) of the PC Act.