JAVA SINGH Vs. C B I

JUDGEMENT

(1.) THE present petition under Section 482 of the Code of the Criminal procedure has been filed challenging the summoning order issued by the learned Special Judge, New Delhi dated 21st July, 2008 as well as the challan under Section 173 Cr. P. C. , which is alleged to be "incomplete" and in contravention of the provisions of Section 190 Cr. P. C.

(2.) THE facts leading to the filing of the petition are that FIR bearing No. RC 2 (A)/2005 ACU (V) dated 19th March, 2005 under Sections 13 (2) read with 13 (1) (e) of the Prevention of Corruption Act came to be registered at P. S. C. B. I. /spe/acu (V), New Delhi. The aforesaid FIR was initially registered against one Shri Akhand Pratap Singh (Retd. IAS), the father of the petitioner herein, and was registered on the allegation that he possessed assets disproportionate to his known sources of income almost two years after his retirement. The period of commission of the offence was set out as 01. 01. 1978 to 31. 05. 1991 in the FIR and it was alleged that the acquisition of the disproportionate assets were to the tune of Rs. 21,45,872/- (Rupees Twenty one Lakhs Forty Five Thousand Eight Hundred and Seventy Two only) during the said period. The investigating agency conducted investigation and after a period of three years, on 27th / 28th March, 2008, it submitted a report under section 173 Cr. P. C. before the Court of the learned Special Judge, New Delhi. In the said report filed by the CBI on 27th / 28th March, 2008, it was submitted that "further investigation on certain aspects is going on" and that "the report in respect of the same will be submitted in due course".

(3.) THE grievance of the petitioner is that on the basis of the said report filed under Section 173 Cr. P. C. , the learned Special Judge by his order dated 21st July, 2008 took cognizance of the offences under Sections 13 (2) read with 13 (1) (e) of the Prevention of Corruption Act, 1988 and Sections 109, 120-B, 467 and 471 of the Penal Code and ordered issuance of summons to the accused persons, including the petitioner.