JAYA ROY, J. - (1.) HEARD the learned counsel for the petitioners and the learned counsel appearing for the C.B.I.
(2.) THE petitioners have filed the instant revision application against the order dated 24.7.2009 passed by Special Judge, C.B.I., Dhanbad, whereby the petitioner's application under Section 239 Cr.P.C. is rejected. The prosecution case in brief is that a credible information has been received through a reliable source that during January '90 to August' 97 the petitioners alongwith other persons of the Fertilizer Corporation of India (FCI), Sindri Unit entered into a criminal conspiracy amongst themselves to cheat the FCI, Sindri and its officials in pursuance to which they cheated to the tune of Rs. 10,02,325.04 with corresponding wrongful gains to aforesaid accused persons and corresponding loss to FCI, Sindri Unit.
(3.) MR . Dayal, learned counsel appearing for the petitioners, has contended that the court below has passed the impugned order mechanically without application of judicial mind. There is no material to show that the petitioners have their hands in any manner in the matter of excess payment to the co -accused. It is further contended that even no departmental inquiry was made against the petitioners.;