SANJAY GUPTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS revision has been filed against order dated 13.12.2011 passed by learned Special Judge, Kinnaur Sessions Division at Rampur Bushahr in case No. 44-K/4 of 2007.

(2.) THE facts according to the petitioner are that a case under Sections 465, 467 and 471 IPC and Section 13 (2) of the Prevention of Corruption Act, 1988 (for short 'Act') has been registered at the Police Station Anti-Corruption Zone, Shimla vide FIR No. 2 of 1996 dated 1.7.1996. THE State Vigilance Department had submitted a final report under Section 173 Code of Criminal Procedure, 1973 (for short 'Code') in February, 2002 in the Court of learned Special Judge, Rampur. It was stated that the competent authority after examining the matter had declined to grant sanction for prosecution and as such, untraced report was filed.

(3.) THE petitioner filed CWP No. 279 of 2004 praying investigation by C.B.I. THE State during the pendency of the writ petition, handed over the investigation to State Crime Investigation Department (C.I.D.) on 24.12.2005. In view of this development, the petitioner had withdrawn the writ petition.