SURAJ NARAIN Vs. STATE

JUDGEMENT

(1.) The petitioner while working as Dy. Director, Industries Department, Pali is alleged to have committed forgery and interpolation in the Government record with a view to give benefit to a private firm in the year 1979. A challan was filed against two persons including the petitioner on 4-1-1993 in the Court of Special Judge, A.C.D. Cases, Jodhpur for offences under Sections 420, 471, 474 read with Section 120-B. I.P.C. Petitioner had already retired in the year 1983.

(2.) Before arguments on framing on charges could be heard, the co-accused Inder Mal also died around Sept. 1994.

(3.) The petitioner filed an application under Section 197, Cr.P.C. and Section 19, P.C. Act on 5-10-1996 before the trial Court. After hearing both the sides, the trial Court dismissed the application vide order dated 24-7-1997. The trial Court has held that sanction for prosecution was not required in the present case because the challan was filed after retirement of the petitioner. Petitioner has challenged the order dated 24-7-1997 in the present petition with the prayer for quashing the charges on the ground of want of sanction and also delay.