RAJAT PRASAD Vs. C.B.I.

JUDGEMENT

(1.) The refusal of the Delhi High Court to exercise its inherent jurisdiction under Section 482 Cr.P.C. to quash the criminal charges framed against the accused-appellants has been challenged in the present appeals. Specifically, the appellants, Rajat Prasad and Arvind Vijay Mohan who are the sixth and fourth accused respectively in CC Case No. 28 of 2005 (hereinafter referred to as A-6 and A-4) in the Court of the learned Special Judge, CBI, Delhi had assailed the order dated 24/25.04.2007 passed by the learned Trial Court framing charges against them under Section 120-B of the IPC read with Section 12 of the Prevention of Corruption Act, 1988 (hereinafter for short 'the Act') before the High Court. The High Court by its order dated 30.05.2008 refused to interfere with the said order of the learned Trial Judge. Hence, the present appeals by special leave.

(2.) The relevant facts which will require enumeration can be summed up as follows.

(3.) The aforesaid FIR was challenged in a proceeding before the Delhi High Court registered and numbered as Crl. Misc. Case No. 59/2004. It appears that there was no interim restraint on the investigation pursuant to the FIR filed. While the investigation was in progress, Crl. Misc. Case No. 59/2004 came to be dismissed by the Delhi High Court by order dated 10.11.2004. As against the said order dated 10.11.2004, SLP (Crl.) No. 6336 of 2004 was instituted by the 4th Accused as well as other accused before this Court. However, as on completion of investigation chargesheet had been filed on 5.12.2005, the aforesaid SLP was closed by order dated 23.11.2007 as having become infructuous.