RAM CHANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present criminal revision has been filed under Section 401, Cr. P.C. by the petitioner challenging the order dated 12/01/1991 passed by the learned Sessions Judge, Hissar.

(2.) As per the prosecution, Shri Ram Chander son of Khiali Ram who was working as an Executive Engineer with the State of Haryana in the department of Irrigation was proceeded against under the provisions of Prevention of Corruption Act, 1988. In fact, an FIR No. 6 dated 14/11/1988 under Section 13(1)(e) of the Prevention of Corruption Act, 1988 was registered against him. An investigation was conducted. Even an enquiry was made by Vigilance Bureau, Haryana and challan was presented against him for possessing assets disproportionate to his known sources of his income. During the course of trial before the learned Special Judge, Hissar, the Public Prosecutor moved an application under Section 321, Cr. P.C. seeking the permission for withdrawal from prosecution. The aforesaid application was allowed by the learned Special Judge, Hissar vide order dated 12/01/1991. In the aforesaid order, the learned Special Judge while reproducing the application filed by the Public Prosecutor in extenso has also found it is a fact that the aforesaid application was moved by the Public Prosecutor in good faith and bona fide and, therefore, the learned Special Judge found that the prayer of the Public Prosecutor for withdrawal from the prosecution deserved to be accepted.

(3.) The present petitioner Ram Chander is retired Deputy Superintendent of Police. He has challenged the aforesaid order dated 12/01/1991 passed by the learned Special Judge, Hissar by way of the present revision petition. The stand taken by the present petitioner Ram Chander, Deputy Superintendent of Police (retired) is that he was the Investigating Officer against the respondent Ram Chander son of Khiali Ram. In these circumstances, it is maintained by the present petitioner that the evidence against the aforesaid accused Ram Chander son of Khiali Ram was sufficient and, therefore, there was no justification for the Special Judge to permit the Public Prosecutor to withdraw from the prosecution.