SUMITRA KANTHIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed against the judgment of the learned Special judge, Prevention of Corruption Act Cases, Udaipur dated 12.12.2007 whereby he dismissed the application of the petitioners dated 16.10.2007 in which it was prayed for their discharge under Sections 7, 13(1)(d) read with Section 13(2) of P.C. Act and Section 120-B I.P.C. All the petitioners pleaded not guilty to the above charge and claimed trial and the case was fixed for prosecution evidence.

(2.) It was alleged that the petitioners are not public servant within the definition of Section 2(c) of the Prevention of Corruption Act, 1988 as they are not being paid any salary or remuneration in lieu of their services. Learned trial Court observed that the cognizance was taken against the accused petitioners on 7.4.2004 under Section 13(1)(d) read with Section 13(2) of the P.C. Act and Section 120-B I.P.C. Against that order, a revision petition was filed in the High Court being S.B. Criminal Revision Petition No. 106/2006 which was dismissed on 26.2.2007 with the observation that accused petitioners are at liberty to raise the objections at the time of framing charges.

(3.) Learned trial Court observed that on 18.7.2007, when the charges were framed, no such objection was raised, therefore, the present application is not maintainable and the Court cannot review its own order dated 18.7.2007.