VINOD KUMAR AGARWAL Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This Criminal Revision Defective No. 273 of 2015 under Section 397/401 Cr. P.C. has been preferred by the revisionist Vinod Kumar Agarwal, Suresh Chand Agarwal and O. P. Agarwal against the orders dated 27.4.2015 and 6.4.2015 passed by the learned Special Judge, Anti Corruption, C.B.I., Ghaziabad in Special Case No. 28 of 2005, under Section 420, 468, 471 IPC and Section 5 (2) read with Section 5 (1)(d) of Prevention of Corruption Act, 1947 (C.B.I. Vs. O. P. Agarwal and others), Police Station CBI/SPE/Dehradun. Vide order dated 27.4.2015, the plea bargaining application moved by the revisionist has been rejected by the court below and vide order dated 6.4.2015, the court below has proceeded to frame the additional charge against the revisionist.

(2.) Brief fact of the case are as follows :

(3.) Special case no. 28 of 2005, mentioned above, was pending in the court of Special Judge, Anti Corruption, C.B.I., Ghaziabad against the revisionists. Initially after framing the charges prosecution evidence was being recorded. Few witnesses have been examined by the prosecution/C.B.I. During the trial an application under Section 319 Cr. P.C. was moved. Learned court below after hearing the parties summoned the two accused namely H. S. Vyas and K. S. Bhatti to face the trial. Vide order 6.4.2015 learned court below proceeded to frame charge not only against the newly summoned accused but also decided to add some more offences in the charges framed against the revisionists also. In compliance of the order of this Court dated 20.4.2015 passed in the Criminal Misc. Application (under Section 482 Cr. P.C.) No. 10017 of 2015 Vinod Kumar Agarwal and others Vs. C.B.I., the trial court disposed of the application for plea bargaining on dated 27.4.2015.