(1.) Choudhari, learned counsel for the applicant and mr. Ahirkar, learned counsel for Respondent.
(2.) Rule. Rule made returnable forthwith. Heard finally with the consent of the panies.
(3.) By this application under Section 482 of Cr. P. C. , the applicant contends that the order passed by the Special Court, C. B. I. , nagpur, dated 3rd May, 2006, in Special Case no. 11/95, by which it rejected the application of the applicant/accused under Section 216 of cr. P. C. , calling for the direction to the prosecution to opt for trial of the accused for one offence i. e. either for 13 (1) (C) of the prevention of Corruption Act or Section 409 of i. P. C. , relying on the provisions of Section 26 of the General Clauses Act.