DURGA DATTA SHARMA ALIAS DURGALAL SHARMAAND Vs. STATE

JUDGEMENT

(1.) This common Order disposes of Crl. Revision Nos. 545/1996, 205/1998 and Crl. Revn. No. 192/1998 as all these revisions are directed against the order passed in Case No. 206C/85 of the Court of C.J.M., Kamrup, and presently pending as Special Case No. 5C/93 of the Court of Special Judge, Kamrup and the order dated 20-4-98 has been challenged in the two revision petitions. As a matter of fact, the revision petitioners before us have prayed for quashing of the trial in the above cases.

(2.) The facts. Case No. RC/3/80/CIU(C) dated 10/11/1980 was registered by the Delhi Special Police Establishment. In the FIR it was alleged that during the year 1978-79 the accused persons had entered into a conspiracy for cheating the State Government including the Steel Authority of India Ltd., and for obtaining certain pecuniary benefits to the tune of Rs. 1,53,000.00. In the year 1985, charge-sheet was submitted against 26-accused persons u/Ss. 120B/420/467/477A, IPC read with Section 7 of the Essential Commodities Act read with Clause 7 of the Iron and Steel (Control) Order, 1956 and also u/S. 5 of the Prevention of Corruption Act. Out of these 26 persons, two of the accused persons were pardoned u/S. 306, Cr.P.C. and they were cited as approvers. Subsequently, 4 of the accused persons, who were all public servants, approached this Court for quashing of the charge-sheet against them and the petitions were allowed and the prosecution was quashed against them. In the meantime, 3 of the accused persons including one approver R. K. Goyal expired. 3 of the accused persons absconded and they were declared as absconders.

(3.) The petitioner Durgalal Sharma filed an application before the trial Court for dropping of the proceeding on the following counts :-