UDAY SANKAR BHATTACHARYYA ALIAS BHATTACHARJEE Vs. SUPERINTENDENT OF POLICE CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Heard the learned Advocates appearing for the parties. This criminal revision has been directed against the order of the learned Special Judge, 3rd Court at Barasat, North 24 Parganas bearing No. 31 dated 27.06.2008 whereby the learned Special Judge has rejected the petition of the Petitioner/applicant Uday Shankar Bhattacharyya @ Bhattacharjee under Section 239 of Code of Criminal Procedure filed on 23.07.2007 and fixed 02.09.2008 for framing of charge with the finding that the prosecution has made out a prima facie case against the present applicant under Sections 120B/420/467/468/471 of the Indian Penal Code and Section 13(1)(d) read with 13(2) of the Prevention of Corruption Act 1988.

(2.) It is the case of the applicant that on the basis of an information furnished by Superintendent of Police, Central Bureau of Investigation, Anti-corruption branch, Kolkata, Crime No. RC/36/2002 dated 30.12.02 was registered for investigation. It was alleged in the said information that while the applicant was functioning as Senior Accounts Officer (Cash) in the office of the General Manager, (Telecom), at 135A BRB Bose Road, Kolkata, then he entered into a criminal conspiracy with some others, and by dealing with others with false and fabricated bills with false measurement Books containing false signatures of BSNL Officers, cheated BSNL to the tune of Rs. 80 lakhs. It was also alleged therein that 29 bills accompanied by false and fabricated work orders were attested by the applicant, on the basis of which one Mr. Damodar Bera has wrongfully obtained Rs. 80 lakhs without performing any job.

(3.) After considering the submission of the Learned Advocate for the present applicant / accused and the learned prosecutor for the CBI and perusing the CD and materials on record learned Special Judge, 3rd Court, concerned found that there is sufficient ground for presuming that the accused person conspired with other accused persons and caused wrongful gain to accused Damodar Bera and loss to the BSNL by attesting work orders on the basis of forged documents and by using forged documents as genuine and as the prosecution made out prima facie case, so he fixed date for framing of charge rejecting the application of the applicant praying for discharge from the said case.