FATEH GIRI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition has been filed by the petitioner Fateh Giri, who is facing trial in the court of the Special Judge, Prevention of Corruption Act Cases, Jodhpur, Challenging the order dated 04.05.2009 passed by the learned Special Judge whereby the application filed by the petitioner for quashing of the prosecution was rejected. At the time, when the cross-examination of the Investigating Officer, P.W.-16, was going on, an objection was raised mat since, initially the prosecution sanction was refused in relation to the petitioner, the proceedings as against the petitioner could not be continued. It has been submitted by Shri S.D. Purohit, learned counsel appearing on behalf of me petitioner mat this issue came up before the court for the first time while the cross-examination of the Investigating Officer was being conducted. He has submitted that when the sanction was refused initially, the prosecution waited for the superannuation of the petitioner and, thereafter, the charge-sheet was filed at which point of time the sanction was not required and the delay was deliberately caused so that the hurdle of taking the sanction could be bypassed. It has also been submitted that the proceedings against the petitioner could not be continued because of the reason that the Competent Authority while refusing sanction as against the petitioner had come to the conclusion that no prima facie case was made out against him.

(2.) I have considered the said arguments raised on behalf of the petitioner. Suffice it to say chat the trial has already proceeded in tins case and mere is no provision in the Criminal Procedure Code by virtue whereof, a warrant case instituted upon a police report can be dropped after evidence has begun. The trial which has once started has to be taken to its logical conclusion.

(3.) In this view of the matter, the petitioner would be better advised to take the objections before the trial court at the stage of the final disposal of the case. If from the record it is revealed that persons who are actually responsible for the incident have been let off and the petitioner case was not found fit for sanctioning the prosecution against him, then, this point may be kept in mind by the learned trial Judge while deciding the case finally. With the aforesaid directions, this criminal misc. petition is disposed of. Stay petition also stands disposed of. Record of the case be remitted back for trial of the case.