KISHORE MORUMAL BACHANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Special Case No.27 of 1986 in which the present Applicant is arrayed as accused No.4 is pending before the Court of Special Judge, Mumbai. The Applicant applied for discharge and his Application is rejected by the learned Special Judge by order dated 17th June, 1992. This Criminal application, therefore, invokes section 397 read with section 482 of the Code of Criminal Procedure, 1973 to challenge the said order.

(2.) It is not necessary to consider the case of other accused in this Application because order of the learned Special Judge has been challenged only to the extent it dismisses the Application for discharge preferred by the Applicant herein.

(3.) It is not necessary to make a detailed survey of the prosecution case save and except stating that the accused has been charged for offences punishable under Sections 120-B, 465, 466, 467, 468, 471, 477-A, 420 of the Indian Penal Code read with Sections 5(l)(d), 5(2) of the Prevention of Corruption Act, 1947. Special Case No.27 of 1986 arises out of the investigation into A.C..B.C.R. No. 1 of 1985. A.C.B.C.R. No. 1 of 85 of A.C.B. FSI Cell Bombay was registered on the basis of enquiries made into F.S.I. Malpractices in respect of Plot No. E/332 of Bandra.