SHRI DAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 25.07.1992 passed by the learned Special Judge, ACD Cases, Jodhpur in Cri. Case No. 03/1985.

(2.) A charge-sheet was filed against the Petitioner Shridan, under 161 IPC and 5(1)(d)(2) of the Prevention of Corruption Act, 1947 in the court of Special Judge, ACD Cases, Jodhpur. Thereafter, an application was filed by the Addl. Public Prosecutor for taking cognizance against the Petitioner for offences under Sections 218 and 467 IPC. Vide order dated 20.01.1987, the learned Judge took cognizance against the Petitioner for offences under Sections 218 and 467 IPC. Against the said order, the Petitioner preferred a revision petition before this Court and this Court, vide its order dated 22.08.1990, remanded the case, with the direction to decide the matter afresh, after considering the validity of sanction under Section 197 Code of Criminal Procedure for the offence under Sections 218 and 467 IPC.

(3.) The learned Special Judge, vide order dated 20.09.1991, again decided the matter regarding taking cognizance for the offences under Sections 218 and 467 IPC against the Petitioner and observed that there is no sanction under Sections 197 Code of Criminal Procedure for offences under Section 218 and 467 IPC and, therefore, cognizance cannot be taken against the Petitioner for these offences. The learned Judge, thereafter, framed charges against the Petitioner for offences under Section 161 IPC, Section 7 of Prevention of Corruption Act 1988, 5(1)(d), and 5(2) of Prevention of Corruption Act, 1947, 13(1)(d) and 13(2) of Prevention of Corruption Act 1988. The Public Prosecutor moved an application on 20.06.1992 for taking cognizance and for framing charge against the Petitioner for offences under Sections 218 and 467 IPC on the basis of subsequent sanction order issued by the competent authority.