JUDGEMENT
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(1.)THE petitioner is aggrieved by the impugned order dated 2.8.2007 passed in R.C. Case No. 15 - A/1994 D, whereby learned Judge, CBI, Dhanbad has refused his prayer to issue summons under
Section 319, Cr PC on Ramjit Kumar Ghosh, General Manager (Safety); Shakti Narayan Nandi,
Deputy General Manager and R. Pandit, Area Civil Engineer as accused persons to face trial
along with him and two others.
(2.)IN the aforesaid case the petitioner is facing trial for the charges under Section 120 -B read with 420, IPC and under Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act.
On the basis of the charge -sheet submitted by the CBI for the offence under the said sections, cognizance was taken against the petitioner and two others namely Shashi Bhushan Prasad Azad
and Om Prakash Gupta. They were put on trial. Witnesses were examined and the prosecution
and the defence closed their evidences on 17.3.2006. The case was fixed for argument. Since
thereafter the case is pendingfor argument over the years due to prayer of adjournments by the
parties from time to time.
(3.)ON 20.10.2007 while fixing the date for 22.1.2007, the Court directed the parties to come prepared for argument. The petitioner, instead of arguing the case on that date, filed a petition
under Section 319, Cr PC praying for issuance of summons to the above said persons for facing
trial.
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