VIVEKBHARGAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) These applications arise out of the same order, as such, with the consent of the parties they have been heard together and ate being disposed of by a common order and judgment.

(2.) Present applications have been filed for quashing the order dated 2-12-1992 passed in Special Case No. 100 of 1990 arising-out of Vigilance P. S. Case No. 54 of 1990 pending in the court of Special fudge (Vigilance), South Bihar, Patna where by learned Special Judge has been pleased to reject the applications of the petitioners under Section 205 of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as 'the Code') for allowing them to be reprsented through their counsel during the trial and has also directed for issuance of warrant of arrest against them.

(3.) Learned counsel appearing for the petitioners has tried to impress upon this Court, by going into the merit of the case, stating therein, that that the petitioners' firm were only acting as Agent and were commission holder and the actual agreement was entered into by the firm which is based in the United Kingdom and the State Government and the present firm of which the petitioners are partners only imparted training to the persons who were to inject the medicine and in lieu thereof were to receive 5% as commission. As such according to the learned counsel in the facts of the case, no criminal case at all is made against them.