Honble SHETHNA, J.–This is a peculiar case where the co- accused is charged by the learned Special Judge for the offence punishable under Section 7, 13(1)(d) read with 13(2) of the Prevention of Corruption Act, whereas the main accused Dinesh Dutt Joshi Assistant Engineer was discharged. Before framing the charge against the present accused petitioner, the learned Special Judge passed a detailed reasoned order dated 10.12.93 whereby he held that no charge can be framed against the main accused but there is a sufficient material on record to frame the charge against the accused petitioner who was clerk cum cashier of R.S.E.B. This impugned order is challenged in this petition by the petitioner accused.

(2). Learned counsel Mr. Bora for the petitioner vehemently submitted that when the learned Special Judge himself discharged the main accused, then the present petitioner, who was merely a co-accused, cannot be charge-sheeted for the aforesaid offences. He has conceded the fact that if the main accused was not discharged by the Special Judge on the material before him and the charge was also framed against him, then he would not be in a position to press this misc. petition.

(3). Having

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