A.K. CHATURVEDI Vs. C.B.I.

JUDGEMENT

(1.) PETITIONER -M/s. Prakash Industries Ltd. and its Director (Corporate Affairs) have been called upon to face trial in CBI, ACU (II), New Delhi v. Gautam Kumar Basak & Ors. under Sections 120 -B, 420 read with Section 511 of IPC and Section 468 read with Section 471 of IPC and under Sections 15 & 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 in FIR No. RC AC2/2010/A0001 & C.C. No. 3/2012 vide impugned order of 17th November, 2012.

(2.) THE case set out against petitioners in the charge -sheet has been noticed in the opening paragraphs of the impugned order and needs no reproduction. A supplementary charge -sheet was filed regarding purported diversion of coal by petitioners. However, impugned order does not direct petitioners to stand trial for the alleged diversion of coal and rightly so, as upon a bare reading of the supplementary charge -sheet, no case for diversion of coal by petitioners is made out.

(3.) PERTINENTLY , during the course of hearing, the afore -noted factual aspects were not disputed by Mr. Narender Mann, learned Special Public Prosecutor for CBI. Learned Senior Counsel for petitioners contended that the foundation of the prosecution case rests on petitioners' communication of 10th July, 2008 (Annexure P -12) purportedly by petitioner -A.K. Chaturvedi which cannot be made the basis for framing the charges against petitioner because as per CFSL report (Annexure P -13), the signatures on this letter are not of petitioner -A.K. Chaturvedi. It was pointed out that eleven reasons have been given by forensic expert as to why the signatures on the letter (Annexure P -12) cannot be said to be of petitioner -A.K. Chaturvedi.