SEWAK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order will dispose of Criminal Revision Nos. 2087 and 2167 and 2167 of 2002 and Criminal M. No. 43463-M of 2002, as a common question is involved in these petitions. The facts are taken from Criminal Revision No. 2167 of 2002.

(2.) THE petitioner was challaned on 11.11.1993 to face trial under Section 13(2) of the Prevention of Corruption Act, 1988. Charge was framed against him on 10.12.1993. Four witnesses were examined. However, proceedings were dropped on 4.2.1993 in view of judgment of this Court taking the view that Inspector, Vigilance Department was not competent to investigate the offence. The said judgment was reversed by the Hon'ble Supreme Court in State of Punjab v. Harnek Singh, AIR 2002 SC 1074 : 2002(1) RCR(Crl.) 778 (SC). Thereafter, a supplementary challan was filed on which a charge was framed and case was fixed for evidence 23.8.2002. Hence these petitions.

(3.) LEARNED counsel for the State supports the impugned orders and submits that since proceedings were dropped on the ground that the investigating officer was not competent to investigate the matter, filling of a fresh challan was not barred. The challan could be filed by a competent investigating officer and that will be a charge of situation and will not be the review of order of dropping proceedings which were vitiated by some defect.