PRABHULAL Vs. STATE OF M.P.

JUDGEMENT

(1.) BEING aggrieved by the impugned order dated 19.8.1993 passed by the Special Judge, appointed under the Prevention of Corruption Act, Bhopal in Special Case No. 1/93 (State v. Prabhulal) and the challan filed against the applicant, the applicant prefers the instant petition for quashing the proceedings on the following amongst other facts and grounds :

(2.) THE controversy in the case is squarely governed by the decision of Division Bench of this Court in Baman Prasad v. State of M.P. (1994 JU 341). The Court has laid down two propositions, namely,

(3.) IF there is nothing inconsistent with the provisions of the new Act, the Court will have to proceed under the New Act If there is some inconsistency with the provisions of the new Act, the Court will have to proceed under the old Act. This aspect of the matter has not been examined by the learned Special Judge. He may do so. In this view, I do not feel called upon either to quash the proceedings or to quash the charges. I direct the learned Sessions Judge (Special Judge) to examine the charges in view of the decision in Baman Prasad and amend the charges suitably, if deemed necessary. The petition is accordingly disposed of.