VERGHESE STEPHEN Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 27.05.2006 passed by the learned Additional Sessions Judge whereby his application under Section 216 of the Code of Criminal Procedure, 1973 (herein referred to as 'the Code') for alteration of charge was dismissed.

(2.) By an order dated 16.04.2005, the Special Judge, Delhi had directed the framing of charges against the petitioner and the co-accused K.K. Mishra. Another co-accused M/s Stejac Video Products (P) Ltd was discharged. The petitioner was charged on two counts. Firstly, he was charged under Section 120-B IPC read with Section 420 IPC and Section 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 1988. Secondly, he was charged under Section 420 IPC.

(3.) It is pertinent to note here that no revision petition was filed against the order on charge. However, an application under Section 216 of the Code was filed on 29.05.2005 before the learned Special Judge. The prayer made in the said application was as under:-