LAXMI KANT BOHARA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision is directed against the order dated 5.10.98 passed by the learned Special judge (Prevention of Corruption Act), Jodhpur whereby he framed charges against the petitioner for offence under section 13(1)(D) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 and 120-B, 420 and 468 IPC.

(2.) Mr. Thakur contends that in the order the learned Special Judge has not made a mention of the material on which charges have been framed against the petitioner. He points out that the petitioner had complied with the resolution of the Board dated 29.6.92 and, therefore, charges could not be framed against him. His submission is that the order of framing the charge may be set-aside and the trial court be directed to pass speaking order after hearing him.

(3.) Learned Public Prosecutor submits that the learned Special Judge ought to have made the mention of the documents or statements on the basis of which charges have been framed, therefore, the matter may be remanded.