MD SAYEED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner Md. Sayeed has preferred this petition under Section 482 Cr.P.C. for quashing/ setting aside the impugned orders dated 23-8-2005, 21-12- 2005 and 24-12-2005 passed in R.C. Case No.5(A)/2000 by the Special Judge, C.B.I. (A.H.D.), Ranch! presently pending in the Court of Shri S. N. Prasad, Special Judge, C.B.I. (A.H.D.) with further direction to the said Court to allow the petitioner afresh to examine his defence witnesses through summons of the Court and to stay the further proceedings in the aforesaid case with the direction to the Trial Court below not to pronounce judgment till the disposal of the instant application.

(2.) Mr. K. K. Jha Kamal, learned Counsel for the petitioner contended that the impugned orders dated 23-8-05, 21-12-2005 and 24-12-2005 vide Annexures 4, 7 & 8 passed by the Special Judge, C.B.I. (A.H.D.), Ranchi in R.C. Case No.5(A)/2000 suffer from legal infirmities, contrary to the provisions of Sections 233 and 315 of the Code of Criminal Procedure, 1973, apart from violation of principle of natural justice. Fair and impartial trial gives legal right to the accused persons for getting an opportunity of full defence especially when prosecuting agency fails to establish the allegations levelled against accused persons and the accused persons, to their wisdom, can exercise their right of self defence by adducing oral as well as documentary evidence on the relevant points.

(3.) The fact, related to the present case is, with respect to fraudulent withdrawal of money from different treasuries of Bihar on the strength of forged and fabricated allotment letters for making payments, suppliers who allegedly had not supplied the food, fodder, medicines and other equipments to the Animal Husbandry Department (in short A.H.D.) such as gloves, vaccine etc.