STATE Vs. MITHILESH KUMAR SINGH

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioner for quashing the order dated 20-12-2002 passed by Special Judge Central Bureau of investigation cum-4th Additional District Judge, Dhanbad in R. C. No. 1(A)/89(D) whereby he has closed prosecution evidence and the case was fixed for examining the accused and for recording his statement under Section 313, Cr. P. C.

(2.) It appears that a criminal case was instituted against the opposite party on the allegation inter alia that he has acquired huge assets both movable and immovable while working at different capacity in BCCL and he could not satisfactorily account for his illegal source of income. On the basis of F.I.R. a case was registered under Sections 13(2) read with 13(l)(d) of the Prevention of Corruption Act. It is contended that some of the witnesses have been examined by the prosecution and some more witnesses have to be examined but the Court below closed the evidence in the light of the order dated 14-6-2002.

(3.) Learned counsel appearing for the petitioner assailed the impugned order on the ground inter alia that despite best effort trial could not be concluded within time fixed by the Court and in that view of the matter the Court below ought to have exercised discretion in allowing time to the prosecution to examine other witnesses. Learned counsel submitted that the Court below has not considered the decision relied upon by the prosecution in the case of P. R. Rao v. State of Karnataka, (2002) 4 SCC 578 : (AIR 2002 SC 1856) : (2002 Cri LJ 2547).