- (1.) The petitioner, who was a Naib Tehsildar, was posted, in the year 1964, in Tehsil Pooranpur, District Pilibhit, where he continued to remain uptill 1967. In connection with, and in respect of, lease of the land of the Gaon Sabha Seema, the State Government set up a vigilance enquiry against the petitioner as well as against the then Supervisor Kanungo, Teg Bahadur and Lekhpals, Chandra Kumar Dixit and Ram Singh. Sanction for prosecuting the petitioner for offences punishable u/Ss. 420/468/ 120B, IPC and u/S. 5(2) of the Prevention of Corruption Act, 1947 (for brevity hereinafter referred to as 'the 1947 Act') was accorded by the Governor on 18-11-1982. The vigilance Cell after a lapse of about eight years submitted a charge-sheet on 21-8-1983 in the Court of Special Judge, Pilibhit, against the petitioner as well as against Tej Bahadur, Chandra Kumar Dixit and Ram Singh, for prosecuting them u/Ss.420/468/120B, IPC and u/ S. 5(2) of the 1947 Act whereupon case was registered as ST No. 2 of 1983 (State v. Virendra Pratap Singh) and the charges, against the petitioner, were framed on 17-11-1984.
(2.) Out of twenty two witnesses, who were to be examined in the case by the prosecution, nine were the witnesses of fact and rest were of formal nature. Out of these nine witnesses, Teja Singh and Swaran Singh died and Chheda Lal, Kallu, Bechan Singh and Balwinder Singh were declared hostile by the prosecution. Phool Chand did not support the prosecution case as against the petitioner and the remaining two witnesses Bhagwan Deen and Chandra Bhan on having not been produced was discharged. Thus, none of the witnesses of fact supported the case of the prosecution as against the petitioner and according to the petitioner, there exists no evidence or material or document so to incriminate or connect him with the alleged offences.
(3.) In the background of these facts, petitioner invoked the jurisdiction of this Court by means of the present petition u/ S. 482 of the Code of Criminal Procedure, 1973 (for brevity hereinafter referred to as Cr. P.C.) seeking relief for quashing of the proceedings pending against him in Sessions Trial No. 2 of 1983, State v. Virendra Pratap Singh, before the Special Judge, Pilibhit. This Court, on 5-1-1986, while admitting the petition instead of staying the proceedings in the trial directed for keeping in abeyance the delivery of judgment.;