STATE OF RAJASTHAN Vs. GURCHARANDAS CHADHA

JUDGEMENT

(1.) This appeal by special leave has been filed by the State against the Judgment of the High Court of Rajasthan dated 11-4-1972 by which an application for revision filed by the respondent against an order of the Special Judge framing charges against the respondent under various sections of the Prevention of Corruption Act and I. P. C. was quashed and the case sent back to the Special Judge for considering the matter afresh after excluding the materials which according to the High Court were inadmissible in evidence. In support of the appeal, Mr. Hardy Learned Counsel for the appellant has submitted a short point before us. It appears that the case of the respondent was being tried by a Special Judge who after hearing the parties passed a well reasoned order by which he framed charges against the respondent. Against this order a revision was taken to the High Court which was dismissed and the order of the Special Judge was upheld. Meanwhile, this Court decided in the case of P. Sirajuddin v. State of Madras (1970) 3 SCR 931 that where the evidence relied on by the prosecution consisted of statements which are signed by the makers of the statement and are obtained under inducement, threat or promise, even if such statements were obtained even before the F. I. R. was lodged, they are inadmissible and cannot form the subject matter of a charge against the accused. In this connection, this court observed as follows :-