BHIMA CHARAN BEHURA Vs. REPUBLIC OF INDIA

JUDGEMENT

(1.) IN this revision the petitioner has assailed the order dated 4.3.2003 passed by the learned Special C.J.M. (C.B.I.), Bhubaneswar in S.P.E. No.1 of 1998 rejecting his prayer for discharge.

(2.) THE petitioner was charge -sheeted under Section 120 -B/420, IPC in SPE No.1 of 1998 in the Court of learned Additional Chief Judicial Magistrate -cum -Special Judge (Vig.), Bhubaneswar. After entering appearance in that case, the petitioner filed an application under Section 239, Cr.P.C. for his discharge. Learned Addl. Special Judge (C.B.I.), Bhubaneswar, by order dated 4.3.2003 rejected the said prayer of the petitioner and framed charge under Section 120 -B/420 Cr.P.C. Aggrieved, the petitioner has filed the present revision.

(3.) MR . S. K. Padi, learned Sr. Standing Counsel (C.B.I.), on the other hand contended that the materials available in the case diary reveal a strong prima facie case against the accused -petitioner and so, the impugned order rejecting the prayer for discharge of the petitioner is fully justified. In support of his contention, Mr. Padhi placed the statements of the witnesses, namely, Partha Sarathi Barik, Gouri Sankar Sahu and Sahabaz Khan and the documents available in the case diary and also relied on the case of Suresh v. State of Maharashtra, (2001) 3 SCC 703. Section 239, Cr.P.C. contemplates the situation when accused shall be discharged and Sec.240, Cr.P.C. speaks about the situation in which charge can be framed against an accused. The Sections read thus :