RAGHBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) RAGHBIR Singh and another were facing trial in case FIR No. 215 of 1985, P.S. Verowal, under Section 5(1)(d) punishable under Section 5(2) of the Prevention of Corruption Act and Section 161 of the Indian Penal Code in the Court of Special Judge, Amritsar vested with the powers to try cases under the Prevention of Corruption Act.

(2.) THEY were acquitted after trial by Sh. I.C. Aggarwal, Special Judge, Amritsar vide order dated 25.9.1986 for want of proper sanction. He did not advert to the merits of the case and the factual position thereof. It was mentioned that the appropriate authorities would be at liberty to launch fresh prosecution against them after procuring proper sanction, if they so chose.

(3.) ON 30.9.1993, the statements of the accused were recorded and the case was posted for defence evidence to 7.10.93. On 7.10.93, 19.10.93, 26.10.93, 29.10.93, 4.11.93, 9.11.93, 25.11.93, 9.12.93, 20.12.93, 7.1.94, 14.1.94, 31.1.94, 14.2.94, 18.3.94, 5.4.94, 23.4.94, 29.4.94, 11.5.94, 30.5.94, 6.7.94, 29.7.94 and 1.9.94 no defence evidence was present. On 1.9.94, the case was posted to 16.9.94 for defence evidence. On 16.9.94, the public prosecutor for the State made an application under Section 311 of the Criminal Procedure Code with a view to permit him to produce some evidence. On 6.10.94, Special Judge, Amritsar allowed the prayer of the Public Prosecutor for the State and permitted him to produce evidence. It is this order dated 6.10.94 passed by the Special Judge, Amritsar, the quashing of which Raghbir Singh and another are seeking through the present criminal writ petition filed under Article 227 of the Constitution of India read with Section 482 of the Criminal Procedure Code. They have also desired the quashing of the entire criminal proceedings pending in the Court of Special Judge, Amritsar in case FIR No. 215 of 1985, P.S. Verowal (ibid).