NIRMAL KUMAR PAL Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) ALL these applications arise out of the order of the Special Judge in Case No. 23 of 1995 dated 4-7-1997 by which the Special Judge rejected the application of all the accused for discharge and framed charges against the accused under different sections of the I. P. C. on the same day.

(2.) THIS order of the Special Judge was challenged before this Court on two grounds, namely want of jurisdiction of Mrs. R. S. Dalvi, the then Special Judge dealing with this case and secondly on the ground that while rejecting the application for discharge, the Special Judge did not give any reasons and made certain observations which were against the provisions of law and against the case of the accused.

(3.) SO far as the rejection of the application for discharge on merit is concerned, the grievance of the petitioners appear to be genuine because in a three line paragraph i. e. para No. 9 the Judge has rejected the case for discharge only after holding that prosecution has made prima facie case against the accused.