1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Revision Application No.560 of 2007 Shri Divalya Devtya Gavit & ors. .. .. Applicants v/s. The Inspector of Police Anti Corruption Bureau & anr. .. .. Respondents Mr.Unnikrishnan i/by Smt.Wadekar for Applicants. Mrs.A.A. Mane, APP for State. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 11th December 2009 P.C. : 1.This Revision Application is filed challenging the order of the learned Special Judge, Greater Bombay in Miscellaneous Application Nos.15 of 2005, 16 of 2005 and 33 of 2005 in Special Case No.119 of 2001 for discharge of some of the accused to be tried in Special Case No.119 of 2001. 2. The Advocate for the Applicants argues that separate sets of accused are sought to be tried jointly in a single trial, which could not be done. On that ground, the Application for discharge is taken out which is rejected. The Application for discharge is misconceived. The Application for discharge is expressly required not to frame a charge at all against 2 all the 7 Applicants who are the accused in the above Special Case. The charge in the Special Case is to be framed for offences punishable under Sections 7, 12 and 13 of the Prevention of Corruption Act, 1988 (PC Act). These are offences of accepting illegal gratification and committing criminal misconduct by the Government servants. These are also the offences of abetting the aforesaid offences by non-Government servants. The charge shows various incidents of accepting illegal gratification, committing misconduct and abetting these offences on various dates. The incidents are illustrative of the charges. The prosecution may prove one or some or all of the them at the trial. Trap has been conducted. Bribe may have been recovered. Offences cognizable and triable by the Special Court under the PC Act are shown. Charge would have to be framed against all the accused. None can be discharged. 3.The contention of the Applicants that they cannot be charged jointly with other accused is quite another matter. The application for separate charge is not taken out. Hence the order passed is correct. Trial shall proceed. None of the accused could be discharged merely because they were charged jointly with others and merely because the accused contended that they could not be jointly charged. 3 4.Consequently, the Applicants Advocate applies for withdrawal of this Criminal Revision Application. 5.The Criminal Revision Application is allowed to be withdrawn. (SMT.ROSHAN DALVI, J.)