SHETHNA, J. - (1.) THIS is a peculiar case where the co- accused is charged by the learned Special Judge for the offence punishable under Section 7, 13 (1) (d) read with 13 (2) of the Prevention of Corruption Act, whereas the main accused Dinesh Dutt Joshi Assistant Engineer was discharged. Before framing the charge against the present accused petitioner, the learned Special Judge passed a detailed reasoned order dated 10. 12. 93 whereby he held that no charge can be framed against the main accused but there is a sufficient material on record to frame the charge against the accused petitioner who was clerk cum cashier of R. S. E. B. THIS impugned order is challenged in this petition by the petitioner accused.
(2.) LEARNED counsel Mr. Bora for the petitioner vehemently submitted that when the learned Special Judge himself discharged the main accused, then the present petitioner, who was merely a co-accused, cannot be charge-sheeted for the aforesaid offences. He has conceded the fact that if the main accused was not discharged by the Special Judge on the material before him and the charge was also framed against him, then he would not be in a position to press this misc. petition. Having gone through the impugned order passed by the learned Special Judge discharging the main accused, I am of the opinion that the learned Special Judge was wrong in discharging the main accused. It is well settled law by the umpteen number of Supreme Court judgments that at the stage of framing charge, the Court should refrain itself from considering the material in detail. If there is a sufficient material on the record, then the charge should be framed against the accused. Having gone through the record, which is called for in this case, I am fully convinced that there is not only sufficient material but voluminous evidence against the main accused Dinesh Dutt Joshi, therefore, the learned Special Judge was wholly wrong in discharging him. The reasons assigned by him are wholly unsustainable. It appears from the order that the learned Special Judge passed the order as if he was deciding the case. While framing the charge against the present petitioner, the learned Special Judge was conscious about the provisions of Section 20 of the Prevention of Corruption Act under which presumption has to be raised against the accused which has to be discharged by the accused but unfortunately he has completely ignored this section while considering the case against the main accused. When this Court is satisfied that the learned Special Judge has committed a grave error in discharing the main accused for a serious offence like corruption and when the said order is not challenged by the State, then what course should be adopted by this Court? That is the question to be decided.
(3.) UNDER Section 482 Cr. P. C. , this Court has inherent powers to make such orders as may be necessary to give effect to any order under this Court or to prevent abuse of process of any Court or otherwise to secure the ends of justice. I am of the considered opinion that this is a fit case where this Court should exercise its powers under Section 482 Cr. P. C. where the learned Special Judge by this very impugned order discharged the main accused because by discharging him, it has resulted into abuse of process of Court, therefore, to secure the ends of justice, the impugned order passed by the learned Special Judge discharging the main accused has to be quashed and set aside. I am conscious of the fact that this order is passed against the main accused Dinesh Dutt Joshi without hearing him. In ordinary circumstances, if the matter had come before me for admission in 1993, I would have certainly issued notice against him and then passed the order but already by now 8 years period has passed and when no other view is possible, then to extend an opportunity of hearing and then to pass any order would be an exercise in futility. If I had issued a notice at this stage, then an attempt would have been made to avoid the service and delay the hearing of the matter which is sufficiently delayed. ;