AMRIT SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) This Revision Petition is directed against the order dated 23.3.1998 passed by the learned Special Judge (Forest) Shimla in case No.8 -S/7 of 1995 whereby the application of the petitioner/accused (hereinafter referred to as accused) for dropping/quashing the proceedings in the said case had been rejected and a charge under Section 218/420/468/471/120 -B of the Indian Penal Code (hereinafter referred to as the Code), Section 5(2) of the Prevention of Corruption Act, 1947 (here -in -after referred to as the Act) and Rule 18/20 of the H.P. Forest Produce Transit (Land Route) Rules, 1978 (hereinafter referred to as the Rules) have been ordered to be framed against the accused. Charges have been ordered to be framed against his co -accused also under varous heads.

(2.) Facts of the case, in brief, are that on investigation in F.I.R. No.2/84 registered at Police Station Railway Station Shimla under Sections 379/411 I.P.C. and sections 41 and 42 of the Forest Act, the investigating agency found that the accused and his co -accused had indulged in the acts of cheating, forgery, manipulation of fake records, corrupt practices and illicit transporaton of timber, therefore a charge -sheet against them was accordingly submitted to the Court within the time limit prescribed by this Court. Thereafter an application was filed by the prosectuion in the trial court for permission for further investigation of the case under Section 173(8) of the Criminal Procedure Code which was allowed. When nothing happened for some considerable length of time, the accused moved an application for dropping/quashing the proceedings on which the impugned order came into being. Feeling aggrieved the accused preferred the present petition.

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