MAHESHWARI PRASAD Vs. STATE OF JHARKHAND
LAWS(JHAR)-2009-7-115
HIGH COURT OF JHARKHAND
Decided on July 13,2009

MAHESHWARI PRASAD Appellant
VERSUS
STATE OF JHARKHAND Respondents


Referred Judgements :-

SHASHIKANT SINGH V/S. TARKESHWAR SINGH AND ANOTHER [REFERRED TO]
KRISHNAPPA V/S. STATE OF KARNATAKA [REFERRED TO]
MICHAEL MACHADO VS. CENTRAL BUREAU OF INVESTIGATION [REFERRED TO]


JUDGEMENT

- (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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