LAWS(HPH)-2022-11-106

STATE OF HIMACHAL PRADESH Vs. LABH SINGH

Decided On November 04, 2022
STATE OF HIMACHAL PRADESH Appellant
V/S
LABH SINGH Respondents

JUDGEMENT

(1.) The petitioner-State has assailed order dtd. 13/9/2021, passed by learned Special Judge, Mandi, District Mandi, H.P. in CNR No.HPMA010008182020, Registration No. 02/2020, whereby the respondent has been discharged for offence punishable under Sec. 30 (ii) of the Himachal Pradesh Prevention of Specific Corrupt Practices Act, 1983 (for short,'the Act').

(2.) After investigating FIR No. 02/2017, registered at Police Station State Vigilance and Anti-Corruption Bureau (for short,'SV&ACB'), Mandi dtd. 20/4/2017, challan was presented against the respondent under Sec. 30 (ii) of the Act.

(3.) The learned Special Judge held that cognizance had not been properly taken for want of report of the Authorized Officer under Sec. 36 of the Act. Accordingly, the proceedings before the learned Special Judge, were held to be bad and the respondent was discharged.