D.K. Sinha, J. - (1.) THE Petitioner has preferred this petition for quashment of the order dated 15.04.2011 and 03.05.2011 by which on the request of the Investigating Officer of the case process Under Section 82 Code of Criminal Procedure was directed to be issued against the Petitioner in Deoghar P.S. Case No. 216 of 1990, corresponding to G.R. No. 1147 of 1990 now pending before the C.J.M., Deoghar.
(2.) LEARNED Counsel Mr. Pandey Neeraj Rai at the outset submitted that the case was initially instituted in the year 1990 for the alleged offence Under Sections 420/409/408/477(A)/468/120B of the Indian Penal Code as also Under Section 5(i)(d) of the Prevention of Corruption Act and after investigation the Investigating Officer submitted charge -sheet on 31.01.2011 against three named accused persons and the name of the Petitioner was not there in the certified copy of the charge -sheet which has been supplied to the Counsel for the Petitioner. Learned Counsel pointed out with reference to Annexure -4 that Investigating Officer, Sadar, Deoghar filed a petition before the C.J.M., Deoghar for issuance of warrant of arrest against non -F.I.R. accused Ramashish Sinha @ Ramashish Singh i.e. the Petitioner herein, though the charge -sheet which was filed on 31.01.2011 did not reflect that investigation was shown to be pending against the Petitioner. The petition, which was filed on behalf of the S.D.P.O. indicated that the Petitioner was a non -F.I.R. accused and without producing memo of evidence whatsoever process of arrest warrant was directed to be issued against him. By filing an another petition on 16.04.2011 the S.D.P.O. requested for the issuance of process Under Section 82 Code of Criminal Procedure on the given address and permanent address of the Petitioner and this time also no memo of evidence was given by the prosecution except having bearing that the Petitioner was non -F.I.R. accused. The certified copy of charge -sheet (Annexure -2) nowhere indicated that investigation was pending against him.
(3.) IN the given facts and circumstances, the Counsel appearing on behalf of the Petitioner submits that ad interim stay may be granted till the next date and in the meantime, he may be permitted to find out as to whether any memo of evidence has been filed on behalf of the I.O. against the Petitioner and to ascertain as to whether certified copy of complete charge -sheet was delivered to the Petitioner on demand. Request as aforesaid is permitted.;