NABARUN BHATTACHARJEE Vs. S.P. CBI

JUDGEMENT

(1.) In this application under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure (for short CrPC) the petitioners pray for quashing of the impugned proceeding including the Order No. 63 dated 5th October, 2013 passed by the Ld. 3rd Special Court, CBI in Special Case No. 06 of 2004 arising out of RC Case No. 03/E/2002 dated 28th June, 2002 under Sections 120B read with 406/420/468/471 of the Indian Penal Code (for short IPC) read with Sections 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988 (for short the 1988 Act). By the said impugned Order No. 63 dated 5th October, 2013 the Ld. Special CBI Court was pleased to dismiss the application for discharge filed by the present petitioner under Section 239 CrPC in connection with the said pending proceeding.

(2.) Taking this Court to the contents of the said application under Section 239 CrPC which is annexed to the present CRR, Shri Pratik Kumar Bhattacharya, Ld. Counsel for the petitioners has argued as follows:-

(3.) He submits that the Ld. Special Court ought to have considered that the loan document or the book debt statement prepared for the purpose of obtaining loan cannot be considered to be on the same footing as a KVP/NSC certificates. In CBI Vs. Jagjit Singh the Hon'ble Apex Court was of the opinion that forgery of KVP/NSC certificates is a serious public offence.