DEBASHIS GHOSH Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant Criminal Revisional application under Sec. 401 read with Sec. 482 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') has been preferred by the petitioner challenging the correctness, legality and propriety of an order dtd. 24/9/2021 passed by the Learned Special Judge, (CBI) Court No. 1, Bichar Bhawan Kolkata in SPL Case No. 03 of 2016 arising out of RC. 01020A000813 of 2013 dtd. 30/3/2013 under Ss. 120B/420/468/471 of the Indian Penal Code, 1860 (in short 'IPC') and under Ss. 13(2)/13(1)(d) of the Prevention of Corruption Act, 1988. By the order impugned, the Trial Court rejected the prayer for discharge from the case involved.

(2.) The essential facts, leading to the filing of this instant Criminal Revisional application, are as under: -

(3.) Learned counsel appearing on behalf of the petitioner submitted that the petitioner was a DSTE. His work does not extend to setting up, commissioning, supervising, or maintaining ETIBs. The Petitioner is under the technical Control of Sr. DSTE and works on the instructions of the Senior DSTE. Nearly 90 percent of the payments had already been made in respect of the said schedule work before the Petitioner joined.