KAUSHAL KISHORE YADU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) These two revision petitions have been filed by two petitioners seeking for a common relief of quashing of order dated 13.04.2016 passed in Special Case No.794 of 2015 pending before the Special Judge (Anti Corruption Bureau) and Ist Additional Sessions Judge, Raipur. Vide the said impugned order, the court below has rejected the applications under filed Sections 193/319 and 319 CrPC, two applications filed by the applicants respectively.

(2.) The brief facts relevant for adjudication of the case is that, the Anti Corruption Bureau (for short ACB) and Economic Offence Wing (for short EOW) has registered an FIR No.15 on 12.02.2015 after conducting a raid in the head office of Chhattisgarh State Civil Supplies Corporation, Raipur, know as Nagrik Aapurti Nigam (for short, NAN) and also at some of the residential premises of the employees and officers of NAN. In the course of raid, huge amount of cash were recovered from the possession of certain officers of NAN at the office as also from their residences. These amounts were illegally acquired disproportionate to their know source of income. Later on charge sheet was filed before the Special Judge (Anti Corruption Bureau), Raipur. At the time of registration of FIR, 27 persons were name as accused persons. However, the charge sheet was filed only against 16 persons. Name of some persons were not included in the charge sheet on account of non obtaining prior sanction for prosecution from the Government and others were not made an accused allegedly on the ground that they were material witnesses.

(3.) During pendency of trial, the applicants here so far as petitioner in Criminal Revision No.403 of 2016 (Kaushal Kishore Yadu) is concerned, had moved an application on 24.07.2015 under Section 193 and 319 CrPC. So also, the petitioner in Criminal Revision No.484 of 2016 (Sudhir Kumar Bhole) is concerned, had moved an application under Section 319 CrPC on the same day i.e. 24.07.2015 before the court below. In both the applications, the prayer which was sought for was for impleading the other persons whose name were initially found in the FIR and against whom prima facie case was also reflected in the charge sheet, be made as accused persons.