SHIRISH D OSWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) By his order dated 5th June, 1996, learned Special Judge, CBI Cases. Jodhpur disposed of application of the petitioners (accused persons) who had requested to summon certain documents under Section 91 of the Code of Criminal Procedure before hearing the arguments for charge.

(2.) I have heard learned counsel for the parties. Learned counsel for the petitioners submitted that documents can be summoned even before charge and cited a number of authorities. Learned counsel, for CBI urged that the petitioners are delaying the matter and all the documents which petitioners want to summon are not relevant for the purpose. It was further submitted that the revision petition was not maintainable.

(3.) M/s. Accurate Pipe and Plastics Co. had credit facility with State Bank of India, Bargaon. The goods was being hypothecated with the Bank and was kept in Customs warehouse. The goods could be released with the written permission of the Bank after payment was made. The allegation is that goods worth rupees sixty three lacs was released without any authority of the Bank. Bank officers and the Directors of the Company were challenged.