Code of Criminal Procedure, 1913, S. 227 - Order of discharge by a Special Judge, scope and ambit.

The second respondent, a Land Acquisition Officer, allegedly, by abusing his official position, concealed the fact that the land which was the subject matter of acquisition was really Khasmahal land belonging to the Government and having made it appear that the first respondent was the undisputed owner of the same, aided and abetted him in getting a huge sum of money as compensation.

The charge-sheet was submitted before the Special Judge, and the prosecution requested him to frame a charge against the respondents under ss. 5 (2) )) and 5 ( 1) ( d) of the Prevention of Corruption Act read with s. 120B IPC. The Special Judge, Puri went through the charge-sheet, statements made by the witnesses before the police and other documents, and coming to the conclusion that there was no sufficient ground for framing a charge against the respondents, discharged them under s. 227 Cr.P.C. ,1973. after giving cogent reasons for passing the order of discharge. In revision the High Court upheld the Special Judge's order of discharge.