PURUSHOTTAM DEV ARYA Vs. CBI

JUDGEMENT

(1.) Present petitions have been preferred by the petitioners under Sec. 482 Crimial P.C. to challenge the legality and correctness of an order dated 26.03.2012 of learned Special Judge, CBI by which charges under Sec. 120B read with Sec. 174A Penal Code and Sec. 174A Penal Code were framed against them. The petitions are contested by the respondents.

(2.) I have heard the learned counsel for the parties and have examined the file. It is not in dispute that the petitioners along with others are facing trial in a case registered vide FIR bearing RC No.DAI/2010/A/044 registered under Sections 120B/420 Penal Code and Sec. 13(2) read with Sec. 13(1)(d) of the PC Act.

(3.) Admittedly, FIR was lodged on 29.11.2010 on the basis of 'source information'. The petitioners were arrayed as accused No.7 and 8 respectively. By an order dated 205.2011, learned Special Judge took cognizance of the aforesaid offences. It is urged that instead of issuing summons or warrants under Sec. 204 Crimial P.C. for appearance of the petitioners, the Trial Court straight away issued proclamation under Sec. 82 Cr.PC. on the basis of report on the warrants procured by the Investigating Agency. The proclamation required the petitioners to appear on 14.07.2011 at 10.00 a.m.