Jaya Roy, J. - (1.) THIS transfer petition under Section 407 of the Code of Criminal Procedure has been filed for transfer of the Case i.e. R.C. 23(A)/1993(R) pending before the Special Judge, C.B.I., Dhanbad to Special Judge, C.B.I., Ranchi.
(2.) LEARNED Counsel for the Petitioner submits that earlier the Petitioner had filed a Transfer Petition No. 01 of 2006 in the High Court for the same relief on the ground that he was suffering from Osteo Arthritis. The said petition was dismissed vide order dated 15.05.2006 by this Court holding that the said ground is not a reasonable ground for transfer of the case from one district to another. Learned Sr. Counsel Mr. P.P.N. Roy appearing for the Petitioner has submitted that the prosecution against the Petitioner has been initiated on the basis of the information given by the then Superintendent of Police C.B.I./S.P.E. Division Ranchi alleging in the F.I.R. that the Petitioner who was posted as Executive Director, B & K Kargali area of C.C.L. functioned in the different capacities in the C.C.L. of Coal India Ltd. during the period from June, 1980 to November, 1993 and acquired assets which are disproportionate to his known source of income which was not satisfactorily accounted for by the Petitioner.
(3.) THE C.B.I., after investigation, submitted charge -sheet against the Petitioner on 07.09.1999. Thereafter, the Special Judge, C.B.I., Ranchi took cognizance on 28.06.2000 and the case was pending for supply of police papers to the Petitioner. It is further submitted that after supply of the police papers, the case was pending for hearing on the point of charge before the Special Judge, C.B.I., Ranchi but in the meantime the said case was transferred to the Court of Special Judge, C.B.I., Dhanbad on 27.09.2003. It appears from the order passed by the Special Judge that as per FAX -0651 -48111 collection XIX (16) dated 10.09.2003 of the High Court, the record was received in the Court of Special Judge, C.B.I., Dhanbad where it is now pending for trial.;