SUBODH GUPTA & ORS Vs. CBI & ANR

JUDGEMENT

(1.) By order dated 27.02.2015 on the file of criminal case (CC No. 132/01) registered on the basis of report under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) submitted on conclusion of investigation by the respondent/CBI in RC no. 1 to 3 (E)/98CBI/SIU-IX/New Delhi, the Special Judge under Prevention of Corruption Act rejected the contention of the petitioners that he did not have the territorial jurisdiction to deal with the case and also found sufficient grounds to put the petitioners, and other co-accused, on trial on charge for offences punishable under Section 120B read with Section 409/420/467/468/471,477A and 201 IPC and Section 13 (2) read with Section 13 (1) (c) & (d) of the Prevention of Corruption Act, 1988.

(2.) The petitioners, by the present petition, seek quashing of the said proceedings primarily on the ground that Punjab National Bank, which is the complainant herein had entered into one time settlement and, therefore, the further prosecution on criminal complaint is uncalled for, challenge also being made to the continuation of the proceedings before the Special Judge, Delhi on the ground that he did not have the jurisdiction.

(3.) During the course of hearing, however, it was brought out that the criminal case in which the impugned order was passed has already reached the stage of final adjudication, the evidence for the prosecution having been recorded, the petitioners and the co-accused who are facing the said trial as accused having been examined under Section 313 Cr. PC and the stage of defence evidence also since concluded, the case being ripe for final submissions to be heard for which the matter is coming up before the court of the Special Judge within this month, this position having been brought out by the coaccused in their separate petitions Crl. M.C. Nos.3779/2015 and 1049/2017 which were also listed today and have been disposed of by a separate order.