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2019 DIGILAW 1648 (JHR)

Gurudeo Singh v. State Of Jharkhand Through C B I

2019-09-17

ANUBHA RAWAT CHOUDHARY

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JUDGMENT Anubha Rawat Choudhary, J. - Heard Mr. Chandrajit Mukherjee, counsel appearing on behalf of the petitioner. 2. Heard Mr. Rajiv Nandan Prasad, counsel appearing on behalf of the CBI. 3. The relief prayed for by the petitioner in the instant application is as under:- "For quashing the order taking cognizance dated 19.12.2006 and all subsequent proceeding, whereby and whereunder, the learned court below has taken cognizance for the offence under sections 120B,420,467,468,471 IPC and 13(2) r/w 13(1) (d) of Prevention of Corruption Act has been taken against the petitioner in connection with R.C. Case No. 11(A)/04 (D) which is pending in the court of learned Special Judge, CBI, Dhanbad." 4. Counsel for the CBI at the outset submits that as per the status report which has received from the learned court below pursuant to the last order, charge has been framed in the instant case on 27.08.2015 and trial has already commenced and altogether 13 witnesses have already been examined till 09.08.2019. Counsel submits that present petition was filed against the order taking cognizance and at this stage this court may not interfere with the proceedings. He accordingly submits that this petition may be dismissed and it may be kept open to the petitioner to raise all the points before the learned court below. 5. Considering the submission made by counsel appearing on behalf of the CBI, and the fact that trial has already commenced, and as per the report 13 witnesses have already been examined, this court is not inclined to entertain this petition at this stage or to grant any relief to the petitioner. Accordingly, this petition is hereby dismissed. 6. However, it will be open to the petitioner to raise all the points before the learned court below which has been raised in this petition and the points that may be available to the petitioner at the appropriate stage. 7. Interim order, if any, stands vacated. 8. Pending I.A., if any, stands dismissed as not pressed. 9. Let this order be communicated to the court concerned through FAX.