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2001 Supreme(Ker) 428

K.T.THOMAS, S.N.VARIAVA
Satya Narayan Sharma – Appellant
Versus
State of Rajasthan – Respondent


Judgment :-

1. Leave granted.

2. Heard parties.

3. This appeal is against an order dated 25th April, 2001. By this order a Criminal Miscellaneous Petition, under S.482 of the Criminal Procedure Code, for quashing an order dated 8th July, 1994 passed by a Special Judge constituted under the Prevention of Corruption Act (hereinafter called the said 'Act') has been dismissed.

4. On 8th July, 1984 the trial court took cognizance against the appellant for offences punishable under S.420, 467, 468 and 471 of the IPC and S.5(2) of the said Act. The appellant then approached the High Court with Miscellaneous Petition No. 578 of 1984 and got a stay of the trial. Having obtained a stay of the trial the Miscellaneous Petition was got adjourned from time to time. By this method the appellant has successfully delayed trial for 7 years.

5. We find that what has happened in this case is happening in a large number of matters. Corruption in public offices is becoming rampant. When public servants are sought to be prosecuted under the said Act, by filing revisions under S.397 Criminal Procedure Code or by filing petitions under S.482 Criminal Procedure Code, stay of the trials are obtained and parties




































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