R K SRIVASTAVA Vs. STATE, CBI

JUDGEMENT

(1.) Present revision petition has been preferred to challenge the legality and correctness of an order dated 21.10.2014 of learned Spl.Judge CBI (PC Act)/East by which application dated 21.02.2014 filed under Section 265 B Cr.P.C. was dismissed.

(2.) I have heard the learned counsel for the parties and have examined the file. Learned counsel for the petitioner urged that the Trial Court did not appreciate the contents of charge-sheet where there were no specific allegations against the petitioner to have committed any offence punishable under Sections 467/468/471 IPC. The petitioner was charged only with the aid of Section 120-B IPC. The petitioner was not attributed commission of any act in the charge-sheet which could attract any offence punishable with imprisonment for more than seven years. Provisions of plea-bargaining are applicable even to offences which prescribe minimum sentence for any proved offences.

(3.) Apparently, the petitioner besides others has been sent for trial by CBI for committing various offences. Charge-sheet has been filed for the offence under Section 120B read with Section 420/467/468/471 IPC and Section 13(2) read with Section 13(1) (d) of P.C.Act. Cognizance has already been taken by the Trial Court. It is significant to note that the petitioner and other accused persons have been charged for committing various offences punishable under Sections 420/467/468/471 IPC; 120 B IPC and Sections 13(2) read with Section 13(1) (d) of P.C.Act by an order dated 06.06.2013. The accused persons have pleaded not guilty to the charges. The prosecution has examined nine witnesses so far.