Decided on January 09,1991

TARA DUTT Appellant


- (1.) The applicants in these Criminal Revisions u/Ss.397 and 401, Cr. P.C. are facing trial before Special Judge (Forests) Shimla in different criminal cases. Facts giving rise to these criminal revisions are similar. Those in the case of applicant Tara Datt may alone be noticed : The case of the applicants, accused persons in Corruption Trial No. 26-S/7 of 1987 registered as criminal case No.14-S/7 of 1989 came up before the Special Judge, Shimla, on 31/12/1987. On that date the order passed by the learned Judge was : "Office report seen. Heard, Register. I have seen the reports and perused the documents appended with the challan and found that there are sufficient grounds to proceed against the accused. The accused persons be summoned for 22-3-1988. Sd/ Special Judge, Shimla." The case came up before the Special Judge on several dates thereafter. Not much progress could be made for various reasons. However, the matter was heard on 4/01/1990, on the question whether charge deserved to be framed against the accused persons. The matter was heard the next day too when the Special Judge passed an order, which in its material part reads : "5-1-1990 Present : Shri H. R. Thakur, P.P. for the State. All the accused persons with their Advocates, S/Shri N. S. Thakur, Yadupati Sood and P. N. Lau. I have heard the learned Public Prosecutor and the learned Advocates for the accused and have gone through the record. A prima facie case is made out u/Ss.120-B, 420, 468 of the Indian Penal Code and S. 5(2) of the Prevention of Curruption Act against all the accused. As such, charge be framed and the case be put up again in the afternoon for putting the charge. Sd/- Special Judge, Shimla. Present : As before charge framed, put and explained to the accused. All the accused have pleaded not guilty to the said charge. As such, the case be now put up for prosecution evidence on..........."
(2.) In these revision petitions the order of the Special Judge directing the framing of charge against the accused-applicants has been assailed. It has also been prayed that the order be set-aside and the accused-applicants be discharged or in the alternative powers u/S. 482, Cr. P.C. be exercised by this Court.
(3.) Shri T. R. Chandel has appeared on behalf of the applicants. Shri K. C. Rana has appeared on behalf of the State of Himachal Pradesh.;

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