Hon’ble Allahabad High Court while dealing with the petition here on 06-03-2019 in the case of “Rekha Gupta v. State Of U.P. And Another” stated that special Judge cannot frame any charge against non public servants where public servants have died.

BRIEF FACTS OF THE CASE

The facts of the case are that the applicant, who is private person, was implicated along with public servants in the case under Sections 409, 467, 468, 471, 120-B I.P.C along with Sections 13(1)(D), 13(2) of Prevention of Corruption Act, 1988. Even before the charge-sheet could be filed, public servants, who are co-accused of the applicant, had died.

The applicant approached this court challenging the charge-sheet on the ground that the proceedings under the provisions of Prevention of Corruption Act cannot be proceeded against her and the charge-sheet against her regarding the aforesaid sections deserves to be quashed.

DECISION OF THE COURT

Hon’ble Court held that that special Judge cannot frame any charge against non public servants where public servants have died.

Thus, the charge-sheet against the applicant under the provisions of Prevention of Corruption Act and the non bailable warrant issued against the applicant by the Special Court were quashed.

Read the full Judgement Here-

http://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=7066330