- (1.) On a complaint been made by one Shri Pooranmal, the Anti Corruption Department, after investigation, submitted a final report on 4-11-1994 before the Special Judge, Sessions Court, Prevention of Corruption Act, 1988. The trial Court, vide order dated 24-7-1995, after making certain observations, directed the prosecution to place the matter before the competent authority for sanction without observations of the Court. Subsequently, on sanction been granted by the competent authority, cognizance was taken by the trial Court against the petitioner and three other co-accused persons for offence under Sections 420, 468, 471, 120-B and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, vide order dated 25-5-2000.
(2.) Both the orders dated 24-7-1995 as well as 25-5-2000 were challenged by the petitioner before this Court in a petition filed under Section 482 read with Section 401, Cr.P.C. This Court, vide order dated 24-5-2001, observed as under :- "In my opinion, it would be better that the learned counsel for the accused petitioner must raise all these submissions, which were raised in this petition, by way of application before the learned Special Judge, ACD, Jaipur so that he may apply his mind on the points. The learned counsel for the accused petitioner is directed to appear before the learned Special Judge positively on the date already fixed by the learned Special Judge and move an application. On making such application, the learned Special Judge shall decide the objections of the accused petitioner and till such objections, raised by the accused petitioner are decided, the learned Special Judge shall not proceed further in the matter. It is made clear that in case his submissions are not accepted by the learned Special Judge, the learned counsel for the accused petitioner would be at liberty to move afresh before this Court."
(3.) The trial Court, after hearing learned counsel for the petitioner as also the learned PP, vide order dated 6-9-2001, rejected the objections as raised by the petitioner. Hence the present petition under Section 482 read with 401 of the Code of Criminal Procedure, challenging the order dated 6-9-2001, passed by the trial Court.;