SUMAN NAIK Vs. UNION OF INDIA

JUDGEMENT

(1.) These three cases arise out of the same case, i.e. T.R. No. 88/20 of 1999/96, pending before the Special Judge (C.B.I.), Bhubaneswar and were heard together and this judgment disposes of all the three cases.

(2.) In Criminal Revision No. 355 of 2000, petitioner Suman Naik has prayed for quashing the order dated 2-6-2000 passed by the learned Special Judge (C.B.I.), Bhubaneswar rejecting his prayer under Section 239 of the Code of Criminal Procedure for discharging him of the accusation. In Criminal Misc. Case No. 5923 of 2000, the same petitioner Suman Naik has prayed for quashing the order dated 29-3-1996 passed by the learned Special Judge (C.B.I.) taking cognizance against him under Sections 120-B/420 of the Indian Penal Code (hereinafter referred to as 'IPC') and under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the 'P. C. Act') as also the entire criminal proceeding against him. In Criminal Misc. Case No. 888 of 2001, petitioner Satyananda Das has prayed for quashing the order dated 29-3-1996 passed by the learned Special Judge (C.B.I.), Bhubaneswar taking cognizance against him of offences under Sections 120-B/420, IPC and Section 13(2) read with Sec. 13(1)(d) of P. C. Act as also the order dated 18-9-2000 framing charge against him.

(3.) Mr. Y. Das, learned counsel for the petitioner in Cri. Revision No. 355 of 2000 and Cri. Misc. Case No. 5923 of 2000, Mr. D. Das, learned counsel for the petitioner in Cri. Misc. Case No. 888 of 2001 and Mr. Sanjit Mohanty, learned Standing Counsel for C.B.I. were heard at length.