PARMESHWARAN SUBRAMANI Vs. STATE

JUDGEMENT

(1.) HEARD Mr. Nadkarni, learned Senior Counsel for the petitioner and Mr. Vaz, learned Special Public Prosecutor for the respondent. Rule. By consent, heard forthwith.

(2.) BY this revision application, the petitioner challenges the order dated 07/06/2010 passed by the Special Judge, North Goa, Panaji in Special Case No. 5/2003 by which the charge under Section and and Section of Prevention of Corruption Act, was explained to the accused. The present petitioner, who is the accused No. 1 in the said case, challenged the order primarily on the ground that the charge was explained to the accused without hearing arguments regarding framing of charge. Reply filed on behalf of the respondent discloses that the application dated 13/07/2010 filed by the present petitioner, has been dismissed by order dated 22/11/2010

(3.) MR . Vaz, learned Special Public Prosecutor appearing on behalf of the respondent has not seriously disputed that learned Special Judge had not heard the parties afresh before explaining the charge on 07/06/2010 and that the application dated 21/03/2005, has not been disposed of by learned Special Judge.