(1.) The challenge
(2.) The Special Judge, in seisin of the case, directed by order dated 0 03. 2017, one of the accused persons whose prosecution was sought by ACB to be put on trial while discharging the two others. The order of discharge is challenged by the State by the criminal revision petition while the accused against whom charges have been framed assails the same very order invoking the writ jurisdiction of this court. The said accused had questioned the legality and validity of the sanction for his prosecution under Section 19 of POC Act, his contentions having been rejected by the subsequent order dated 11. 10. 2017 of the Special Judge, which is the subject-matter of challenge in the second captioned writ petition.
(3.) During the course of investigation of the case of ACB, four persons came to be arrested, they including Inspector Krishan Gopal Tyagi (A1), Sub-Inspector Mukesh Kumar (A2), Assistant SubInspector Rajbir Singh (A3) and Mr. Ravinder Chadha, Advocate. On the petition of the last said arrestee, the Supreme Court by order dated 16. 12. 2013 in Crl. Misc. Petition Nos. 18196-7 of 2013 in SLP (Crl. ) Nos. 7210-7211 of 2013 stayed the trial against him. As mentioned above, by order dated 02. 0 2017, the Special Judge discharged A2 and A3 and directed charges to be framed against A1 for offences punishable under Sections 7/13(1)(d) of POC Act read with Sections 384,389,120-B IPC. The formal charges framed on 04. 0 2017 reflect three heads, viz. under Sections 384/120-B IPC, Sections 389/120-B IPC and Sections 7/13(1)(d) of POC Act read with Section 120-B IPC.
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