M M SHARMA; ARUN KUMAR BANSAL Vs. CENTRAL BUREAU OF INVESTIGATION
HIGH COURT OF UTTARAKHAND
M M Sharma; Arun Kumar Bansal
CENTRAL BUREAU OF INVESTIGATION
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(1.) Having heard Mr. L.K. Tiwari, Advocate, for the petitioners and Mr. Arvind Vashisth, Standing Counsel, for the C.B.I., it appears that after submission of chargesheet against them, the arguments were heard by the court below elaborately on the question of levelling the charge.
(2.) Overturning the prayer of accused to discharge them, the trial court, by way of passing a detailed order on 8.5.2012, found formidable evidence to level charge against the petitioner M.M. Sharma for the offences u/s 120-B, 409, 471 r/w Sections 13(2)/13(1)(d) of the Prevention of Corruption Act. The Court also found sufficient evidence against petitioner no.2 Arun Kumar Bansal to level charge against him for the offences u/s 120-B, 420, 471 r/w Section 468 IPC and 477-A IPC r/w Section 13(2) r/w Section 13(1)(d) of the Prevention of Corruption Act. Accordingly, the charge was levelled and the court below proceeded with the trial ahead by fixing the matter for prosecution evidence.
(3.) It appears that before the evidence could commence, the prosecution moved an application on 9.7.2012 with the averments that chargesheet against Mr. A.K. Bansal was filed for the substantive offence u/s 468 IPC which was made out against him but the same was not levelled in the Charge substantively, so framed by the court on 15.5.2012, and that the same was inadvertently left.;
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