M L SHARMA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) BY this order, I propose to dispose of all the criminal petitions enlisted above, which have arisen out of the applications made under Article 227 of the Constitution of India read with Section 482, Cr. P. C. , against the orders, dated 13-4-2007 passed, in Special Case Nos. 5/2006 to 20/2006, whereby the learned Special Judge, cbi, Guwahati, Assam, has rejected, the prayer made by the present petitioners, who are accused in the cases aforementioned, to amalgamate and try all the cases together as one case.

(2.) BROADLY speaking, the facts leading to the impugned order are that during the year 1995-98, the Telecom Department, which is, now, known as BSNL, awarded contracts to various contractors for the purpose of trenching of various parts of Imphal-Moreh route and Imphal-Chandrapur route, on national High Way No. 37, in the State of manipur, and laying of optical fibre cables on the routes aforementioned, which were divided into several sub-sections. Following the execution of the contract works, so awarded, and payment of the bills made, in this regard, severa. 1 First Infromation reports came to be registered against various contractors, who had. been awarded the contract works, and also some officers and employees of the Telecom Department, on accusations of commission of the offences of criminal conspiracy, cheating and misappropriation. On completion of investigation, charge-sheets were laid by the Central bureau of Investigation (in short, 'the CBI' ). The present petitioners, who are accused in the said cases, applied, in the Court of the learned Special Judge, C. B. I. , Guwahati, for amalgamation of all the cases so that there could be one trial in respect of all the cases. By the order, dated 13-4-2007, as the learned Court below has rejected the prayer, so made, the petitioners have, now, come to this Court with the present applications made under Article 227 of the Constitution of India read with Section 482, Cr. P. C.

(3.) I have heard Mr. D. S. Choudhury and mr. A. Hussain, learned counsel for the accused-petitioners. I have also heard Mr. D. K. Das, learned senior counsel, appearing on behalf of the CBI, Mr. S. Muktar, and Mr. A. C. Dey, learned counsel, appearing on behalf of the accused-respondents.