STATE OF PUNJAB Vs. NARINDER SINGH

JUDGEMENT

(1.) NARINDER Singh, retired Chief Engineer, Tarsem Lal Singla, Executive Engineer, Narinder Parshad, ADE and Banke Bihariwere sent up for trial for offences punishable under Sections 5(1)(d) and 5(2) of the Prevention of Corruption Act, 1947 and Sections 420/120-B IPC before Shri R. M. Gupta, Special Judge, Ropar. He vide his order dated November 20, 1989 declined to frame charge and discharged the accused.

(2.) THE State of Punjab, feeling aggrieved, has filed this revision.

(3.) WHEN the case came up for charge, the accused filed an application for summoning some documents, photostat copies of which were attached with the application. The accused alleged that these documents were relevant for consideration before framing the charge. This application was opposed by the Additional Public Prosecutor who challenged the right of the accused to summon the documents. The learned Additional Sessions Judge, Ropar i.e. the Special Judge Ropar vide his order dated October 19, 1989 allowed the application and directed the Additional Public Prosecutor to admit or deny the genuineness of the documents. The learned Additional Public Prosecutor admitted the documents and the learned trial Judge discharged the accused disbelieving the prosecution case. In disbelieving the prosecution case, the learned trial Court relied heavily on the documents produced by the accused and admitted by the learned Additional Public Prosecutor.