BIMAL SINGH KOTHARI Vs. G RADHAKRISHNA

JUDGEMENT

(1.) By filing the present Application the petitioner prays for quashing of the proceedings in Special Case no. 10 of 2001 ( State Vs. Sudhir Behera and Ors.) arising out of R.C Case No. 3 (e) /99/ SIU (X)/ CBI/ New Delhi Under Sections 120B/420/511 of the IPC now pending before the learned 3rd Special Court, Calcutta. The petitioner also prays for quashing of the order dated 26th November 2013 passed by the learned Magistrate in the said case. The petitioner has further prayed for an interim order directing stay of all further proceedings in Special Case no. 10/2001 (State Vs. Sudhir Behera and Ors) now pending before the learned Magistrate. Sri Sudipta Moitra, learned Senior Counsel appearing on behalf of the petitioner submits that by order dated 17th of February 2012 the learned Magistrate was pleased to take up for consideration the petitions filed by the accused nos. 2 to 5 and the accused numbers 6 to 8 under Section 239 Cr.P.C praying for discharge from Special Case No. 10 of 2001. The present petitioner is the accused no. 7 in Special Case no. 10 of 2001.

(2.) Taking this court to the said order dated 17th of February 2012 Sri Moitra submits that the learned Magistrate was pleased to discuss the charges against all the accused persons, including the present petitioner as contained in the charge sheet in detail . According to Sri Moitra, the petitioner cannot be arraigned under Sections 13(2) and 13(1) (d) of the Prevention of Corruption Act in view of the fact that the petitioner is a private individual. However, the other charges under Section 420, 120 B, 511 were framed against the petitioner along with the other accused persons and came up for consideration at the time of hearing of the discharge application by the learned Magistrate. Sri Moitra also points out that written objection was filed by the prosecution to the discharge applications filed on behalf of each of the accused persons 2 to 8.

(3.) The learned Magistrate by his order dated 17th February 2012 was pleased to, inter alia hold as follows: -