AMRIT SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This revision petition is directed against the order dated 21.3.1998 passed by the learned Special Judge (Forest) Shimla in case No.30 -S/7 of 1995 whereby, a charge under Sections 420,467,468,471,218,120 -B of the Indian Penal Code (hereinafter referred to as the Code), Section 5(2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as the Act) and Rules 11/20 and 18/20 of the H.P. Forests Produce Transit (Land Routes), Rules 1978 (hereinafter referred to as the rules), has been ordered to be framed. Charges have been ordered to be framed against other co -accused also.

(2.) The facts of the case in brief are that on investigation of the case F.I.R. No. 54/84, dated 23.12.1984, the investigating agency after collecting the relevant material came to the conclusion that the accused and his accomplices had indulged in the acts of cheating, forgery, manipulation of records, corrupt practice and illicit transportation of timber, therefore, submitted a charge -sheet against the accused petitioner and other co -accused under Sections 379,420,467,468,471,218 and 120 -B of the Code, Sections 41 and 42 of the Indian Forest Act and Section 5(2) of the Act. After hearing the parties, learned trial Judge by the impugned order directed framing of the charge against the accused -petitioner as aforesaid. Feeling aggrieved, the accused -petitioner has preferred the present revision petition.

(3.) I had heard learned counsel for the accused -petitioner and the learned Assistant Advocate General for the respondent -State and have also gone through the records.