RAJAGOPALACHARI NARAYANAN Vs. UNION OF INDIA

JUDGEMENT

(1.) These 2 (two) cases involve common questions of facts and laws and, as such, these were heard together and, accordingly, the same are finally disposed of on its own merit with the following common judgment and order.

(2.) The facts of the cases in a short compass are as follows: These petitioners were charge-sheeted by the Central Bureau of Investigation hereinafter referred to as CBI in connection with Special Case No. 2 of 1994 under Section 120/420/468, 471 I.P.C. and Section 13(2) read with 13(l)(d) of the Prevention of Corruption Act, 1988 and, thereafter, the learned Special Judge framed charges against these petitioners-accused persons on 11.10.1996 in connection with the said case and, thereafter, the case has been posted for examination of prosecution evidence, which has commenced and the first prosecution witness was tendered on 26.6.1997 and during the course of the proceeding, the accused persons filed a petition on 24.11.2000 before the learned Special Judge for closing the prosecution evidence in view of the direction and observation made by the Hon'ble Supreme Court in a case between Raj Deo Sharma-Vs-State of Bihar, reported in (1998) 7 SCC 507. However, the said petition was rejected by the learned Special Judge on 22.3.2001 and that being the position, the petitioners filed these 2 (two) revision petitions.

(3.) Mr N.K. Deb, learned senior counsel appearing for the petitioners contended that the learned Special Judge shoujd have followed the law laid down by the Apex Court in the case of Raj Deo Sharma-Vs-State of Bihar (supra) but, the learned Special Judge totally ignored this settled law of the land while passing the impugned order dated 22.3.2001. It is also contended by Mr N.K. Deb, learned senior counsel that the learned Special Judge ignored the delay of the prosecution which was due to the fault of the prosecution. Mr Deb, learned senior counsel supporting the case of the petitioners has drawn my attention to the related grounds taken and highlighted by the petitioners in these 2 (two) provision petitions. I have perused it.