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2011 Supreme(SC) 1119

RANJANA PRAKASH DESAI, SWATANTER KUMAR
Ashish Chadha – Appellant
Versus
Asha Kumari – Respondent


JUDGMENT

(Smt.) Ranjana Prakash Desai, J.

1. The first respondent was the member of the Legislative Assembly of Banikhet Constituency from the year 1984 to 1990 and 1994 to 2001. A complaint dated 6.8.1998 was filed against her by one Shri Kuldeep Singh, Ex-Municipal Councilor, Dalhousie alleging interalia that the first respondent and her husband Brijender Singh (since deceased) had in connivance with Revenue Officials manipulated the revenue records, forged documents and got the land belonging to the Government transferred in the name of Brijender Singh. The said complaint was inquired into by Vigilance Department and FIR came to be registered on 15.12.2001 against the first respondent and Brijender Singh and others under Sections 420, 218, 467, 468, 471 read with Section 120-B of the Indian Penal Code (for short, “the IPC”). The Special Judge, Chamba framed charges against the first respondent and others on 4.1.2005 under Sections 420, 218, 467, 468, 471 read with Section 120-B of the IPC. The first respondent filed Criminal Revision No. 20 of 2005 before the High Court of Himachal Pradesh at Shimla challenging the order dated 4.1.2005 framing charges. By the impugned order the























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