P C KATHURIA Vs. C B I

JUDGEMENT

(1.) THIS petition has been filed by the petitioner, who was summoned as an co-accused by a Special Judge by invoking power under Section 319 Cr. P. C. in a case pending against accused Ashok chawla, LDC, DDA, C-Block, Vikas Sadan and Kamal Agnihotri, a private person, on the allegations that Ashok Chawla accepted a bribe of rs. 2,500/- from Kamal Agnihotri and that Kamal Agnihotri had been accused of having offered that bribe. The allegations made against ashok Chawla and Kamal Agnihotri in the complaint are as under:-"inquiry at the spot have revealed that money being transacted between Kamal Agnihotri and Ashok Kumar was being paid as bribe by former for accepting delivery of documents submitted by him earlier. " the accused Ashok Chawla is being tried for an offence under section 13 (1) (a) and (d) read with Section 13 (2) of the Prevention of corruption Act, while Kamal Agnihotri is being tried for the offence under Section 12 of the Prevention of Corruption Act.

(2.) IT has been submitted on behalf of the petitioner that by order dated 09. 10. 2002 the petitioner was summoned as co-accused in the present case by the learned Special Judge on the ground that he is guilty of having acquired assets disproportionate to his business. The relevant portion of the order dated 13. 05. 05 passed by the Ld. Special judge, whereby charges under Section 13 (1) (a) r/w Section 13 (2) of the prevention of Corruption Act and under Section 13 (1) (e) r/w Section 13 (2) of the prevention of Corruption Act are framed against the present petitioner, is reproduced hereunder:

(3.) LEARNED counsel for the petitioner submitted that this order is illegal and is beyond the powers of the Ld. Special Judge which were available to him under Section 319 Cr. P. C. and constitute gross abuse of the process of the Court. Section 319 of the Cr. P. C. , for the sake of reference, is reproduced hereunder: