VIJAY MOSES DAS Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) BY means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr. P.C.), the Petitioners have sought quashing of the proceedings of Criminal Case No. 1504 of 2002, State v. V.M. Das, pending in the Court of Special Judicial Magistrate (C.B.I.), Dehradun.

(2.) HEARD learned Counsel for the parties and perused the record.

(3.) IT is pleaded on behalf of the Petitioners that the offences alleged to have been committed by the Petitioners are punishable under Sections 420, 468 and 471 (read with Section 468 of I.P.C.). All the three offences are punishable with maximum imprisonment for a period of seven years, as such, provisions contained in (Chapter XXIA, as inserted vide Act No. 2 of 2006 w.e.f. 5.7.2006) in the Code of Criminal Procedure, 1973, are applicable to the present case. An application was moved on 15.12.2009 (during pendency of this petition) by the Petitioners for 'plea bargaining' before the trial court. The trial court heard the prosecuting agency (C.B.I.) and also the O.N.G.C. (victim). Both C.B.I. and O.N.G.C. endorsed their no objection to 'plea bargaining' sought by the accused/Petitioners. However, the Magistrate vide its order dated 10.3.2010 (copy of which is annexed as Annexure -5 with the affidavit, filed with Misc. Application No. 244 of 2010, in this petition) rejected the application on two grounds, namely (i) the Petitioner has not filed affidavit that he is not a previous convict, and (ii) that compensation has not been fixed. Both these objections were not raised either by the prosecuting agency or by the victim.