SHOBHA MAL @ SHOBHAG MAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision has been filed by accused petitioner Shobha Mai @ Shobhag Mai against the order dated 21.2.2013 as well as order dated 2.5.2013 passed by Special Judge (Anti Corruption Act) Cases, Bikaner in Sessions Case No. 6/2010, State v. Shiv Singh & Ors., whereby the learned trial Court has framed the charges against the accused petitioner for the offences under Section 13(1)(c)(d) and (2) of P.C. Act, 1988 read with Sections 120-B, 420, 467, 468 and 471 I.P.C.

(2.) At the stage of admission of revision petition, following arguments have been raised before me: (1) No prima facie case was against the petitioner and still he has been charged under different Sections of I.P.C. and P.C. Act, 1988, it has also been argued that no speaking order regarding framing of charge has been passed by the trial Court, (2) When sanction was refused against accused petitioner when he was in service then even after his retirement he cannot be prosecuted without sanction because he was assistant engineer posted in Municipal Council, Bikaner.

(3.) I have heard both the parties at the stage of admission. I would like to refer the following rulings of the Supreme Court regarding first contention advanced by the accused petitioner; Kanti Bhadra Shah v. State of West Bengal, 2000 Cri.L.J. (SC) 746 (1), in this case Hon'ble Supreme Court has held after elaborately dealing with the point that reasons may not be recorded by the trial Court for framing of charges in a case instituted upon the charge-sheet filed by the Police and even then the order of framing charge cannot be quashed merely on the ground that it is cryptic.