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2012 Supreme(HP) 818

KULDIP SINGH
Sanjay Gupta – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Rajiv Jiwan, Advocate
For the Respondent: Ms. Ruma Kaushik, Addl. A.G. with J.S.Rana, Asstt. A.G.

JUDGMENT :

Kuldip Singh, J.

This revision has been filed against order dated 13.12.2011 passed by learned Special Judge, Kinnaur Sessions Division at Rampur Bushahr in case No. 44-K/4 of 2007.

2. The facts according to the petitioner are that a case under Sections 465, 467 and 471 IPC and Section 13 (2) of the Prevention of Corruption Act, 1988 (for short Act) has been registered at the Police Station Anti-Corruption Zone, Shimla vide FIR No. 2 of 1996 dated 1.7.1996. The State Vigilance Department had submitted a final report under Section 173 Code of Criminal Procedure, 1973 (for short Code) in February, 2002 in the Court of learned Special Judge, Rampur. It was stated that the competent authority after examining the matter had declined to grant sanction for prosecution and as such, untraced report was filed.

3. The State vigilance Department after about 15 days of the filing of the report under Section 173 of the Code, filed an application under Section 173 (8) of the Code to further investigate the matter. The High Court on 12.12.2003 held that the State is at liberty to re-investigate the matter.

4. The petitioner filed CWP No. 279 of 2004 praying investigation by C.B.I. The State

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