M.Y.EQBAL, J. - (1.) I have heard Mr. Sujit Narayan Prasad, learned counsel appearing for the petitioner and Mr. Rajesh Kumar learned counsel appearing for the respondent C.B.I.
(2.) IN this application under Section 482, Cr PC the petitioner has prayed for quashing the order dated 5.12.2002 passed by Special Judge, C.B.I in R.C. Case No. 25 -A/1996 whereby charges has been framed against the petitioner under Section 420, 467 468, IPC and Section 13(l)(d) of the Prevention of Corruption Act, 1988. Mr. Sujit Narayan Prasad learned counsel appearing for the petitioner assailed the impugned order mainly on the ground that without disposing of the application filed by the petitioner for his discharge the Court below framed charges which is against the law. Learned counsel submitted that the application filed by the petitioner under Section 239, Cr PC, remain pending and no order was passed by the Court before framing the charge against the petitioner. Learned counsel drawn my attention to the order sheet a copy of which has annexed as Annexure 3 to the supplementary petition.
(3.) FROM perusal of the order sheet it appears that the Court below fixed several dates for hearing on the discharge petition filed by the petitioner and other accused persons. The petitions for discharge of the accused persons have been finally heard and rejected on 21.11.2002. Thereafter charge was framed on 5.12.2002. From the order sheet dated 21.11.2002, it appears that the counsels appearing for the other accused persons have pressed their application for discharge and participated in the hearing of their petitions. The petition filed by the petitioner was neither pressed nor even after order was passed the petitioner moved the Court for disposal of his application for discharge. Rather the petitioner kept mum on various dated and it was only when prosecution evidence commenced, the petitioner moved the Court for disposal of his application. Moreover it appears from the order dated 5.12.2002, that the Court below has considered the entire materials available on record and held that charges are to be framed against all the accused persons. Curiously enough the present petitioner Gopal Ram was present in Court which is evident "Accused Kashi Nath Singh, Braj Bhushan Pd., K.K. Sahay,P.K. Jaiswal, Sunil Kumar Sinha, T.M. Prasad, Sushil Kumar, Raghevendra Kishore Das, Kedar Nath Ram, Smt. Manju Bala Jaiswal, Girish Kumar Sinha, Gopal Ram, and Arun Kumar Sinha are present in Court and as such charge under Section 120 -B r/w 420, 467, 468, 471, 477 - A of the Indian Penal Code which is framed against ail the accused persons which are read over and explained to them in Hindi which they pleaded not guilty and claim to be tried." ;