PARMESHWAR KUMAR HEMBRAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned counsel appearing for the C.B.I

(2.) THE petitioner has filed this criminal revision application against the order dated 4.2.2011 passed by the Special Judge, C.B.I -cum -Additional Sessions Judge, 1st Dhanbad, in R.C. Case No.15A of 2007R, rejecting the petitioner's application filed under Section 239 Cr.P.C. for his discharge.

(3.) COUNSEL of the C.B.L, Mr. Mokhtar Khan has submitted that petitioner had not raised this point before the trial court. Furthermore, there is evidence that petitioner certified that 100% work has been done, though the work executed has been found incomplete. As there is a direct evidence against the petitioner, petitioner cannot be discharged and the trial court has rightly rejected his discharge application filed under Section 239 Cr.P.C.