BHARAT TUKARAM REDKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Counsel for the parties. These petitions take exception to the order dated July 13, 2004 passed by the Sessions Court rejecting the revision applications preferred by the petitioners in the respective petition, essentially on the reasoning that it was not open to the Chief judicial Magistrate to entertain the application for discharge at the instance of the petitioners, having regard to the fact that the trial was transferred before the Chief Judicial Magistrate by the Special Judge in exercise of powers under section 228 of the Code of Criminal Procedure.

(2.) TO that extent, the observations made by the Sessions Court in the impugned order is correct. I see no reason to depart from the view so expressed by the Sessions Court.

(3.) THE petitioner (s) in the respective petition were arraigned as accused in respective CRs. for offences under section 5 (l) (c) and (d) read with section 5 (2)and section 13 (1) (c) and (d) read with section 13 (2) of the Prevention of corruption Act, read with sections 129-B, 420, 468, 471, 109 read with section 34 of the Indian Penal Code.