LISSU RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this revision an important question has arisen before me for determination. But it is necessary to narrate some salient features of the case.

(2.) PETITIONER Lissu Ram alias Laxman Singh is facing trial before Special Judge, CBI Cases, Jodhpur for offences under Sections 467, 468, 471, 419, 420 IPC and Section 5 (2)/13 of the Prevention of Corruption Act. Challan was filed on 29. 10. 1991. Charges were framed on 1. 8. 1994. After framing of charges, Public Prosecutor incharge of the case took number of adjournments for filing additional/supplementary charge sheet etc. but did not file it till 18. 3. 1996. Court fixed the date for prosecution evidence and 16. 4. 1996 PW-1 on Chandra Shekhar and PW-2 Ram Swaroop were examined. Cross examination of Ram Swaroop was reserved as he wanted to locate some record but his examination in chief was completed. Cross examination was reserved on cost of Rs. 700/ -. This order was challenged before the High Court. High Court summoned file which remained pending from 20. 9. 1996 to 4. 6. 1998. When file went back, the examination of pro- secution witnesses restarted. On 7. 8. 1998 statement of Ram Swaroop was completed. On that date no other witness was present. Many dates thereafter were fixed and on some dates witnesses were examined. These dates are available on page No. 3 of the petition. Then on 15. 4. 1999 learned PP moved an application for taking up the case day to day and court fixed dates beginning from 26. 4. 1999 to 31. 5. 1999. On 26. 4. 1999 statement of one witness was started but it remained incomplete for want of time.

(3.) LEARNED counsel for the petitioner, when his attention was drawn to these exceptions, submitted that very purpose of Raj Deo Sharma's case (supra) will be defeated if the judgment is read that it excludes offences under Prevention of Corruption Act. I do not agree with this contention for the simple reason that Raj Deo sharma's case (supra) itself says that the directions given in it will be in addi- tion to and without prejudice to the directions issued in "common Cause" A Registered Society vs. Union of India (supra) and modified by same Bench through the order reported in "common Cause" a Registered Society vs. Union of India (supra ).