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2021 Supreme(HP) 196

JYOTSNA REWAL DUA
Jitender Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Dalip K. Sharma, Advocate.
For the Respondent:Mr. Anil Jaswal, Additional Advocate General with Mr. Manoj Bagga, Assistant Advocate General.

JUDGMENT :

Jyotsna Rewal Dua, Judge (Oral)

Aggrieved against the order dated 18.08.2020 passed by the learned Special Judge (Forests), Shimla/Trial Court, modifying/altering the charge against the petitioner, instant revision petition has been preferred.

State moved an application for addition of charge under Section 120B of the Indian Penal Code (IPC) as well as for alteration of charge under Section 13(1)(c) read with Section 13(2) of the Prevention of Corruption Act, 1988. It was alleged that the accused persons had connived with each other to hatch a conspiracy and misappropriated public funds. This application was allowed by the learned Trial Court on 18.08.2020 to the extent that charge for offence of criminal misconduct under Section 13(1)(c) of the Prevention of Corruption Act was altered/modified. Aggrieved, the petitioner has challenged the aforesaid order.

2. Heard learned counsel for the parties and gone through the documents appended with the petition.

3. It is not in dispute that on 04.08.2014, learned Trial Court held that no case was made out against the accused persons, namely Sant Ram Shandil, Sant Ram Tanwar and Sher Singh Negi. These persons were discharged. Criminal

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