TMI Blog2001 (10) TMI 1144X X X X Extracts X X X X X X X X Extracts X X X X ..... ere paid to Tejpal Singh as per directions of the appellant herein. The raiding party recovered the amount from Tejpal Singh who, upon enquiry, stated that he had received the amount from Sarup Singh as per instructions of the appellant. After completion of the investigation a final report was submitted in the Court of sub-Judge, Jodhpur against the appellant and Tejpal Singh for the commission of offences punishable under Section 13( 1 )(d) read with Section 13(2) of the Prevention of Corruption Act and Section 120-B of the Indian Penal Code. The trial court framed charges against Tejpal Singh but discharged the appellant vide its orders dated 10.12.1993. Dissatisfied with the order of framing the charge against him, Tejpal Singh, accus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have certainly issued notice against him and then passed the order but already by now 8 years period has passed and when no other view is possible, then to extend an opportunity of hearing and then to pass any order would be an exercise in futility. If I had issued a notice at this stage, then an attempt would have been made to avoid the service and delay the hearing of the matter which is sufficiently delayed. When I have set aside the order passed by the learned Special Judge discharging the main accused, then learned counsel Mr. Bora was unable to press this petition because his main grievance was that if the main accused is discharged then his client co-accused petitioner cannot be charged. In view of the above, the petition file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... discovered. The use of extraordinary powers conferred upon the High Court under this Section are however required to be reserved, as far as possible, for extraordinary cases. Learned counsel appearing for the respondents has not seriously disputed the power of the High Court to pass appropriate order in exercise of its jurisdiction under Section 482 of the Code but has contended that no such order could be passed without notice to the person likely to be affected by the proposed order. We find substance in the submission of the learned counsel. The admitted position is that before exercising the powers under Section 482 of the Code of Criminal Procedure, the High Court did not think it proper to serve a notice upon the appellant asking ..... X X X X Extracts X X X X X X X X Extracts X X X X
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