- (1.) THESE petitions were heard for quite a number of days in different months.
(2.) HEARD the learned counsel for the petitioner, Sri Prem Prakash, Special Counsel for C.B.I., Sri R.M. Tewari and the learned Standing Counsel for C.B.I., Sri Girdhar Nath. In these case filed under Sec. 482 Cr. P.C. learned counsel for the petitioners has challenged the proceedings of the Court of Special Judicial Magistrate CBI, Deharadun and the order taking cognizance mainly as under: - (1) The jurisdiction of the C.B.I., who have investigated the case. (2) The initiation of proceedings agaisnt the applicant are void ab initio. (3) The charge sheet submitted by the said agency is illegal arbitrary and unconstitutional, and (4) The charge sheet was filed on a date when there was a public holiday and the cognizance could not have been taken by the Court on a public holiday. The charge sheet was filed against some accused persons (8 persons) and against some other accused persons (10 persons) a final Report was mentioned in the report submitted under Sec. 173 Cr. P.C. Charge sheet and the Court could not have taken cognizance and passed order without issuing notice to the complainant. (5) There was no Gazette notification regarding creation of Court of judicial magistrate, (6) The Judicial Magistrate 1st Class who had taken congnizance on the charge sheet was posted as Judicial Magistrate by the High Court in District Deharadun and without firstly creating the 'local area' comprising of the entire State or the part of the State the jurisdiction of that Court could not have been extended beyond the territorial limits of the District Dehradun; and (7) There is no legally admissible evidence against the petitioner establishing his involvement in the instant matter and as such the charge -sheet is based on no evidence.
(3.) LET us take first of all the charge against each of the petitioner and the evidence collected by the investigating officer.;