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1999 Supreme(SC) 1360

M.SRINIVASAN, M.B.SHAH, G.B.PATTANAIK
State Of H. P. – Appellant
Versus
Tara Dutt – Respondent


JUDGMENT

Pattanaik, J.-Leave granted.

2. The State of Himachal Pradesh has preferred this appeal against the Judgment of the learned Single Judge of the Himachal Pradesh High Court, who being of the opinion that conviction in respect of a minor offence where charges had been framed for a major offence becomes barred under Section 468 of the Criminal Procedure Code, as on the date of cognizance for such minor offence the provisions of Section 468 gets attracted. The short facts necessary for disposal of this appeal are that the two respondents herein were challaned for offences under Sections 468, 420, 120-B of the Indian Panel Code and for the offence under Section 5(2) of the Prevention of Corruption Act, 1947. The offence in question was alleged to have been committed in the year 1983 by forging the receipts under the Scab Control Scheme, 1983 . The charge-sheet was submitted in November, 1987 and cognizance was taken in December, 1987. Charges were framed under Sections 468, 420, 120-B of the Indian Panel Code and Section 5(2) of the Prevention of Corruption Act. Learned Special Judge acquitted them of the charges under Sections 468 and 420 IPC and Section 5(2) of the Prevention

















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