BINDESHWARI DAS Vs. UNION OF INDIAN

JUDGEMENT

(1.) Heard Mr. R.S. Mazumdar, learned senior counsel for the petitioner and Mr. K.P. Deo, learned counsel appearing for the C.B.I.

(2.) In this application, the petitioner has challenged the order dated 20.06.2017 passed by the learned Special Judge C.B.I.-cum-District & Additional Sessions Judge-XI, Dhanbad in S.T. No. 333 of 2016, arising out of R.C. Case No. 4(S) of 2006(D)/5(S) of 2006(D), whereby and where under the discharge application preferred by the petitioner had been rejected.

(3.) It has been submitted by the learned senior counsel for the petitioner that with respect to custodial death investigation was handed to the C.B.I. which led to submission of charge sheet against three accused persons but the petitioner was not charge-sheeted. Subsequently a protest petition was filed by the informant to which the C.B.I. had filed its reply in which also the petitioners name did not figure. Learned senior counsel for the petitioner submits that however the learned S.D.J.M., after perusal of the materials available on record had taken cognizance and had also summoned the petitioner to face trial. It has also been submitted that an application for discharge was preferred by the petitioner which however was rejected on 20.06.2017 without assigning any reason or without stating as to what are the materials which have been collected against the petitioner in course of investigation which would justify the prosecution of the petitioner.