HEMAKUTE INDUSTRIAL INVESTMENT Vs. CENTRAL BUREAU

JUDGEMENT

(1.) BY this application/petition under section 482 and 401 of Code of Criminal Procedure, the petitioners who are original accused 4 to 9 have challenged the order passed by the learned Special Judge, in Special Case No.42/1994 framing charges against the applicants. In other words, the prayer is that the order dated 14th August 1997 be set aside and the proceedings in the Special Case be quashed. Prayer clause (a) of the present application reads thus:-

(2.) THIS Court admitted this application on 26th February, 1998 and proceeded to stay further proceedings in the above special case.

(3.) IN his submission, once the charges are framed then this Court cannot consider the plea of the applicants for discharging them. There only remedy is now to raise contentions as raised in the present application before the Special Judge during the course of trial. On that basis, they can plead for acquittal from the Special Case but now the stage of discharge is no longer available, once the charges are framed. He submits that the power under Section 401 of Cr.P.C., in this case, to set aside an order refusing to discharge applicants cannot now be passed, once the charges are framed. He also submitted that Section 482 of Cr.P.C. cannot also be invoked by the applicants, once the request is not to quash the process issued or any order passed in that behalf. Thus, the application cannot be proceeded further. Even if it is admitted, it must be dismissed as the application is infructuous, once the charges are framed.