RATTAN MANJARI NEGI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this revision petition, petitioner Rattan Manjari Negi has assailed order dated 14.06.2017 passed by learned Special Judge, Rampur in case No. 5K/7 of 2013, in a case registered under Sections 420, 467, 468, 471, 120-B of Indian Penal Code and Section 13(2) of Prevention of Corruption Act at Police Station, State Vigilance and Anti Corruption Bureau Reckong Peo dated 16.10.2017 vide FIR No. 1/2007 against Rajeev Sood (BDO Pooh), Kashmir Singh Rawat (Junior Engineer O/O BDO, Pooh), Nokhu Ram, Raj Chander Negi (Contractors), Ashwani Kumar (Assistant Engineer I & PH), Vijay Kumar (Secretary Gram Panchayat Murang) and Gian Singh (Technical Assistant O/O BDO Pooh), vide which, learned Court below has arrayed the petitioner also as a co-accused and a formal charge has been put to the petitioner alongwith other co-accused under Sections 120-B, 420, 467, 468, 471 of Indian Penal Code and Section 13(2) of Prevention of Corruption Act, 1988.

(2.) The case of the petitioner is that the order so passed by learned Court below is perverse and not sustainable in law as learned Special Judge has erred in not appreciating that in exercise of its jurisdiction so conferred upon it under Section 319 Cr.P.C., learned Court below could not have arrayed the petitioner as co-accused at the stage of passing the impugned order, especially when he was not named as co-accused in the course of investigation nor at the time when the challan was filed in the Court and thus, as no further material was with the Court as on 14.06.2017, learned Court below has erred in impleading the petitioner as coaccused.

(3.) I have heard learned counsel for the parties and have also gone through the impugned order.