BHOLAN CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Naresh Dikshit, learned counsel for the petitioner and Sri Ramakant Sharma, learned senior counsel (Law Officer) for Vigilance Investigation Bureau. The petitioner, invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C"), has prayed for setting aside order dated 20.4.2011 passed in Special Case No. 94 of 1990 (arising out of Vigilance P.S. Case No. 51 of 1990). By the said order, learned Special Judge, Vigilance-I, Patna has framed charges against the petitioner and other accused persons for the offence under Sections 120B r/w 467, 468, 471 & 477-A of the I.P.C., Sections 420, 468, 477-A of the I.P.C. and Sections 5(2) r/w 5(1)(d) of the Prevention of Corruption Act, 1947, corresponding to Section 13(2) r/w Section 13(1)(d) of the Prevention of Corruption Act, 1988.

(2.) Sri Naresh Dikshit, learned counsel for the petitioner has assailed the order of framing of charges primarily on the ground that without disposal of his petition filed for discharge, charges have been framed. He has further argued that there was no material for implicating the petitioner in the present case and on the ground of merit also the order of framing of charges is liable to be set aside.

(3.) In this case, in view of order dated 17.12.2012, the petitioner has filed supplementary affidavit and brought on record order-sheet(s) of the court below from the beginning till 2.4.2011, whereas the certified copy of order by which charges were directed to be framed i.e. order dated 20.4.2011 has already brought on record in the main petition.