- (1.) The above petition and many more petitions have been filed by litigants against the orders of Special Judge framing charge for the offences under Prevention of Corruption Act coupled with or without charges for offences under IPC.
(2.) Some of the petitions were filed originally under Article 226/227 of the Constitution of India, some were filed as Revision Petitions and were converted as Writ Petitions at the request of the parties, and some Writs were filed after dismissal of Revision Petition.
(3.) In Dharambir Khattar v. Central Bureau of Investigation, 159 (2009) DLT 636, the Bench of Dr. S. Muralidhar J. after considering the provisions of Section 19(3)(c) of Prevention of Corruption Act and after considering the legal position and after scanning through various judgments of Supreme Court had observed as under: "To conclude this part of the discussion it is held that in the context of Section 19 (3) (c) the words "no Court shall exercise the powers of revision in relation to any interlocutory order passed in any inquiry, trial..." includes an interlocutory order in the form of an order on charge or an order framing charge. On a collective reading of the decisions in V.C.Shukla and Satya Narayan Sharma, it is held that in terms of Section 19 (3) (c) PCA, no revision petition would be maintainable in the High Court against order on charge or an order framing charge passed by the Special Court.";