SHYAM SUNDER MATHUR Vs. STATE OF RAJASTHAN
LAWS(RAJ)-1998-4-61
HIGH COURT OF RAJASTHAN
Decided on April 29,1998

Shyam Sunder Mathur Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

AMARESH KUMAR SINGH,J. - (1.) HEARD the learned counsel for the petitioners and the learned Public Prosecutor.
(2.) THESE three petitions are directed against the order dated 30th November, 90 passed by the Special Judge, Anti Corruption Cases, Bikaner in Anti Corruption Case No. 1/87. It is therefore, proper that all the three petitions should be disposed of together. By his order dated 30th November, 90, after hearing the arguments on charge and considering the evidence collected by the prosecution, the learned Special Judge, Anti Corruption Cases, found prima facie cases for framing charges against the accused-petitioners as mentioned below :- (1) Accused Shyam Sunder Mathur - Charges u/ss. 120B, 409, 218, 477-A IPC and 5(1)(c) read with Section 5(2) of the Prevention of Corruption Act, 1947. (2) Accused Nathu Ram Bhasker and Om Prakash :- Changes u/Sections 120-B, 218, IPC and 5(1)(d) read Section 5(2) of the Prevention of Corruption Act, 1947.
(3.) THE learned counsels for the petitioners have submitted that there are no sufficient grounds to frame charges against the accused-petitioners, and therefore, the order dated 30th November, 90 passed by the Special Judge, Anti Corruption Cases, Bikaner amounts to abuse of the process of the court, because if the trial is allowed to proceed, the accused persons would be unnecessarily harassed. It is therefore, prayed that the impugned order dt. 30th November, 90 be quashed and the accused-petitioners should be discharged.;


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