P.B.MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN the instant application the petitioner has prayed for quashing of the order dated 3.10.2002 passed by the Special Judge, C.B.I. -cum -1st Addl. Sessions Judge Dhanbad in R.C. case no. 9(A)/97(D) whereby the petition filed by the petitioner under section 205 Cr. P.C. for dispensing with his personal appearance in court has been rejected.

(2.) FOR the purpose of deciding the issues raised in this case it is not necessary to state the facts in details, suffice is to say that on the basis of the First Information report and on the order of the Hon'ble Patna High Court, C.B.I. took up investigation in the present case which is known as Bitumen Scam Case. C.B.I. after completion of the investigation submitted chargesheet under Sections 406,407,409,420 and 120B of the Indian Penal Code and Section 13(1) read with section 13(1)(c) and (d) of Prevention of Corruption Act against altogether 15 accused persons including the petitioner who was said to be a Senior Operation Officer, BPCI, Barauni and on the basis of the chargesheet submitted by the C.B.I. learned Special Judge took cognizance on 11.6.2002 of the offence against all the accused persons including the petitioner and issued summons' for his appearance in court.

(3.) THE learned counsel for the petitioner has relied on the decision of Bhaskar Industry Ltd. vs Bhiwani Denim and Apparels Ltd. and others reported in (2001) 7 S.C.C. 401, Dr. Prem Agarwal vs. The State of Bihar and Am. reported in 2002 (3) RL.J.R. 583 and Ram Harsh Das Vs. the State of Bihar and ors. Reported in 1998 (1) P.L.J.R. 502.