R.K.Gauba, J. - (1.)These two petitions invoking the inherent jurisdiction of this court under Section 482 of the Code of Criminal Procedure, 1973 (Cr. PC) take exception to similar orders passed by the Special Judge (Prevention of Corruption Act) in two different criminal cases - CC No.1/12 and CC No.3/12 - arising out of the same first information report no. RC2(A)/2006 -ACU-VII (FIR) of Central Bureau of Investigation (CBI) in which the petitioners herein are the respective accused, each being tried on the charge for the offence under Section 13(2) read with Section 13(1)(e) of Prevention of Corruption Act, 1988. Since they give rise to common questions of law against similar background, they are being decided by this common order.
(2.)The FIR investigation into which has resulted in the prosecution of the petitioners herein was registered on 03.04.2006 by the CBI. The reports under Section 173 of the Code of Criminal Procedure, 1973 (Cr.PC) were submitted in each case on 24.12009. The Special Judge took cognizance on the said reports (charge-sheet) and issued process summoning each of the petitioners herein as accused persons.
(3.)In the charge-sheet leading to the prosecution of the petitioner of the first captioned matter, reliance was placed on the evidence of 173 witnesses and 226 documents, copies of the statements of such witnesses and documents having been submitted with the police report. Similarly, in the case against the petitioner in the second captioned matter, reliance was placed on the evidence of 160 witnesses and 141 documents.