D.N.PRASAD,J. - (1.) BY the Court. - -This is an application under Section 482 of the Code of Criminal Procedure for quashing the order dated 17.1.2002 whereby and whereunder the learned Special Judge closed the prosecution case in connection with RC. case No. 1 (A)/89D.
(2.) THE prosecution case in brief as stated that the accused while working in different capacities in BCCL during the period has amassed huge assets, both moveable and immoveable by illegal and questionable means in his own name, in the name of his dependents and in benami. It was further stated he earned a total amount of Rs. 5,75,000/ - from all sources like salary and Bank interest etc. and contrary to the known source of income. Besides, he possessed assets disproportionate to the tune of Rs. 7,54,800/ - and accordingly FIR was registered for the offence under Section 13(2), read with 13(1)(e) of the Prevention of Corruption Act. The learned counsel for the petitioner submitted that the charge was framed in this case as back as on 25.3.1998 and in pursuance of framing of charge out of 47 witnesses named in the case, 13 witnesses have already been examined and the petitioner is also ready to examine the rest of the witnesses and he prayed for giving one more opportunity to examine the remaining witnesses within a time frame. It is further submitted that the Court below committed error in closing the case relying on Rajdeo Sharma's case which has already been held by the Apex Court not being a good law.
(3.) ON the other hand, the accused/opposite party also filed a counter affidavit claiming therein that the case is pending since 1989 and even after framing of charge in the year 1998 only 13 witnesses have been examined and several opportunity was given to the prosecution for producing the witnesses and even after giving several adjournments and extension of time by the Court below, prosecution/petitioner could not examined the witnesses and completed the evidences and as such the accused has been lingering and being harassed in the case since long for his no fault on his part.;