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TMI Blog1996 (8) TMI 520X X X X Extracts X X X X X X X X Extracts X X X X ..... lance Officer of the Department of Atomic Energy Mr S.K. Bhandarkar (respondent No 2 herein) for proceeding against the applicant and prosecuting him for the various offences alleged against him he was committed by the learned committing Magistrate to stand his trial in the court of Sessions. Charges for offences including the offences under section 3/6 Official Secrets Act and Sections 18/19 of the Atomic Energy Act, 1962 were framed against him. Against the order for framing of charges, the applicant unsuccessfully approached the Bombay High Court through revision application No.96/89. The applicant thereafter filed a criminal writ petition in the High Court once again inter alia calling in question the order for framing of charges and during the pendency of the writ petition, he filed a criminal miscellaneous petition in the High court also alleging that the charges against him were vitiated by 'fraud' on the basis of the allegations made in the application, committed by the State and the Public Prosecutor. While matters rested thus, on 26.4 1991 the learned Sessions Judge trying the case, found that the prosecution had not obtained any sanction to prosecute the applican ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tal suffering and financial loss suffered by him. While dismissing the appeal it was observed that since the appeal fails for non-compliance of Section 197 and the order discharging the accused has to be upheld we do not propose to examine the finding if authorisation under O.S Act and A.E Act to prosecute the accused was valid or not. It transpires from the record that a review petition filed by the applicant inter-alia to invite a finding on the validity of consent and authorisation to prosecute him and against the order `findings' as recorded by this Court has also been since dismissed by this Court. In criminal appeal No. 277 of 1993, arising out of SLP (Crl.) No. 987/92, this Court set aside the order of the High Court dated 14th October, 1991 made in criminal miscellaneous application No. 2260 of 1991. The short question which was considered by this Court in that appeal was whether the High Court was justified in allowing the application filed by the respondent for declaring that the charges framed by the Additional Sessions Judge against him by the order dated 24-27th July, 1990 were null and void and obtained by 'fraud practised by the State and the public pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Bench quoted in extenso paragraphs 4,5 and 7 of the application in that behalf and observed : We must confess our inability to appreciate the worth of such averments to establish fraud. Legal submissions cannot be equated to misrepresentation. In our opinion the pleadings fell short of legal requirements to establish fraud. Various sentences extracted from different judgments between the accused and State in various proceedings could not give rise to an inference either in law or fact that the State was guilty of fraud. Suffice it to say that it was complete misapprehension under which the accused was labouring and it was indeed unfortunate that the High Court not only entertained such application but adopted a course which amounted to reviewing and setting aside orders of his predecessor without sufficient material and accept the claim that all earlier judgments were liable to be ignored under Section 44 of the Evidence Act as the proceedings were vitiated by fraud. We are constrained to say that the learned Judge not only committed an error of procedure but misapplied the law. (Emphasis supplied) The appeal filed by the State (criminal appeal 277/93 arising out of SLP ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isation on behalf of the Central Government and that these actions of respondent No. 1 also amounted to fabricating false evidence and producing false documents before the Court. So far as the `authorisation' given by the Chief Vigilance Officer is concerned the applicant alleges that the Chief Vigilance Officer (respondent No. 2) `without due care and attention', and `without any authority' had signed and issued letter No. JS(B)/CVO/16/88 dated 16.8.1988 giving `authorisation` on behalf of the Central Government to prosecute the applicant 'in camera' for the alleged contravention of Sections 18 and 19 of the Atomic Energy Act and since the 'authorisation' issued by respondent No. 2 to prosecute him was `illegal' and made 'without due care and attention' and 'without any authority' respondent No. 2 had committed perjury . The applicant then states that the document containing the illegal 'authorisation' issued by respondent No. 2 was produced as evidence of the fulfillment of the mandatory requirement prescribed under clause (b) of sub-section (1) of Section 26 of the Atomic Energy Act, it had caused a circumstance fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion. The applicant, it appears to us is labouring under grave misconception both of law and facts and has filed this petition unmindful of the scope of the provisions of Section 340 Cr.P.C. as will as of Sections 191, 192 and 193 IPC. By no stretch of imagination on the basis of the allegations made in this application can it be said that either respondent No. 1 or respondent No. 2 had 'fabricated false evidence or had given false evidence while giving 'consent' and 'authorisation' as required by law for the prosecution of the applicant in discharge of their official duties. A bare look at Sections 191 192 and 193 IPC would show that the said provisions have no application to the case. Neither Respondent No. 1 nor Respondent No. 2 can be said to have given 'false evidence while giving the consent and authorisation unless the expressions 'false' and 'fabricated are used as an abuse rather than in the legal sense as defined in Section 191/192 IPC. How the applicant can allege that the recording of 'satisfaction by the Attorney General was a false statement defies logic and sense? The accusation is reckless and bereft of any factual ..... X X X X Extracts X X X X X X X X Extracts X X X X
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