STATE OF SIKKIM Vs. GENCHEN BHUTIA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The State of Sikkim has preferred this Crl. Revision Petition under Section 397 read with Section 401 of the Code of Criminal Procedure (for short, Cr. P.C.) challenging the Order dated 23.08.2013 passed by the Special Judge, Prevention of Corruption Act, South and West at Namchi, South Sikkim in S.T. (Vig) Case No.02/2012, whereby accused-respondent Genchen Bhutia has been discharged of the offence under Section 109 IPC read with Sections 13 (2) and 13 (i) (e) of the Prevention of Corruption Act, 1988 (for short, P.C. Act).

(3.) From the submissions of the learned counsel for the parties as well as the Order impugned, it appears that a charge-sheet was submitted against 3 (three) accused persons, namely, (i) Lakpa Tshering Gensapa, (ii) Anita Chettri and (iii) Genchen Bhutia. The learned trial Court heard arguments for framing of charge and vide its Order dated 23.08.2013, passed an order to frame charge against 2 (two) accused persons, namely, (i) Lakpa Tshering Gensapa and (ii) Anita Chettri for the offence under Section 13 (i) (e) of the P.C. Act read with Section 120B IPC, but discharged the accused-respondent of the offence as mentioned above. Being aggrieved with the aforesaid order, the State of Sikkim has preferred this Revision Petition.