STATE OF RAJASTHAN Vs. LAXMAN SINGH

JUDGEMENT

(1.) THIS is an appeal by the State of Rajasthan against an order of the Special Judge for Rajasthan, Jaipur City, whereby the proceedings in the special criminal case No. 13/1971 (6/1968) against the three respondents were quashed and they were discharged for want of sanction Under Section 196A, Cr.P.C.

(2.) THIS case has a chequered history but it is not necessary for us to trace it from the date the proceedings originated. It is enough to state the facts in short and from the time the three respondents, (1) Shree Laxman Singh Deputy Superintendent of Police, (Wireless Deptt.) Jaipur; (2) Shri Mahesh Chandra Sharma, Assistant Inspector Wireless Departrmnt, Jaipur during the relevant period, and (3) Shri Ram Prakash Agarwal Proprietor, Messrs Radionics, M.I. Road, Jaipur were put up on trial before the Special Judge Jaipur City, Jaipur for various offences. The learned Special Judge, Jaipur City by his elaborate order dated 24 -9 -68 examined the allegations made in the charge -sheet submitted by the police against the three accused and framed charges against them. The charge framed against Laxman Singh is in the following terms: I.S.N. Modi, Special Judge, Jaipur City, do hereby charge you, Laxman Singh son of Shri Man Singh r/o Lalkothi, Jaipur as follows: 1. That you, the then Dy. S.P. Wireless Deptt, while acting as Superintendent of Police, Wireless Deptt Jaipur, were a party to a criminal conspiracy with Shri Mahesh Chandra Sharma, I/C -Store, Wireless Deptt Jatpur and Ram Prakash s/o Shyam Sander Agarwal, Proprietor of M/S Radionics, Jaipur as having agreed to do illegal act for obtaining illegal pecuniary advantage for you all to the tune of Rs. 3.900/ - by illegal and corrupt means in between the period 14 -6 -63 to 26 -10 -63 and the mode adopted by you all was to accept false bills without quotations, prepare false bills and records and verify such bills with regard to conversion at 60 B.C. 375 E Transmitter sees from 24 -28 volts to 12 volts with an ulterior motive to cheat the Government of Rajasthan and there by to obtain illegal pecuniary advantage for you ail. You have thereby committed an offence punishable Under Section 120B of the Indian Penal Code. 2. That in pursuance of the aforesaid conspiracy, you alongwith Mahesh Chandra Sharma and Mr. Ram Prakash in between the aforesaid period, by illegal or corrupt means, obtained illegal advantage of Rs. 3,900/ - by preparing or having got prepared false bills and A.C. bills, by accepting bogus bills and by falsifying or having got falsified the records of the Wireless Department, Jaipur with regard to the conversion of 60 B. C. 375 E Transmitter sets which were not in existence unconverted at that time in the Wireless Department. You have thereby comitted an offence punishable Under Section 5(2) of the Prevention of Comuption Act read with Section 120B, Indian Penal Code.

(3.) THAT you in pursuance of the aforesaid criminal conspiracy, forged documents or got the same forged belonging to the Wireless Department by splitting the bills and manipulating the records intending that they shall be used for the purpose of cheating with an ulterior motive of obtaining illegal pecuniary advantage for you all and thereby committed an offence punishable Under Section 468 read with Section 120B, Indian Penal Code.