SHAMSHER SINGH MANGAT Vs. STATE OF M P

JUDGEMENT

(1.) These petitions, under Section 482 of the Code of Criminal Procedure (for short "the Code"), are interrelated as arisen from the same criminal proceedings pending as Special Case No.1/2003 in the Court of Special Magistrate, CBI at Jabalpur. In that case, cognizance of the offences punishable under Sections 120-B, 420,467, 468 and 471 of the IPC has been taken against the petitioner and the co-accused S.S.Yadav, upon the charge-sheet submitted by the respondent on 29/8/03.

(2.) In the first petition registered as M.Cr.C. No. 4443/07, prayer has been made to quash the charge-sheet whereas in the second petition numbered as M.Cr.C. No.4522/07, order-dated 26/4/07 rejecting the application seeking production of certain documents, under Section 91 of the Code, has been sought to be set aside.

(3.) The investigation into the offences allegedly committed by the petitioner in pursuance of a conspiracy between him and the co-accused originated from FIR recorded on 23.07.1999, by Kewal Singh, S.P. C.B.I., Jabalpur. After due investigation, on 24.11.2001, the charge-sheet in respect of the aforesaid offences as well as the offence punishable under Section 13(l)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act") was put up against the petitioner and his six companions in the Court of the Special Judge for CBI cases at Jabalpur. In the charge-sheet, one of the accused namely Balvir Singh was shown as absconding. However, considering the charge-sheet and the documents submitted, learned Special Judge, for the reasons recorded in the order- dated 29/06/2001 passed in Special Case No. 1/06, came to the following conclusions:-