SUKHDEO SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner has been arraigned as an accused by the impugned order dated 23rd Dec., 2017 passed by the learned Special Judge-VII, CBI (AHD Scam), Ranchi in R.C. No. 64(A)/1996 (Pat) in exercise of the powers under section 319 of the Criminal Procedure Code, 1973 wherein cognizance has been taken for the offences under Sec. 120-B read with Sections 420, 467, 468,' 471, 477-A of the Indian Penal Code and under Sec. 13(2) read with Sec. 13(1)(c) and (d) of the Prevention of Corruption Act. This has been assailed by the petitioner inter alia on the following grounds:-

(2.) Based on these submissions, learned counsel for the petitioner has sought quashing of the impugned order. He further submits that the charge-sheet was filed in 1997, trial has concluded on 23rd Dec., 2017 and the arraigning of the petitioner as an accused after 20 years of filing of the charge-sheet would result in an abuse of the process of the Court which should be prevented in exercise of the powers under section 482 of the Criminal Procedure Code, 1973 by this Court.

(3.) Learned ASGI representing CBI has made the following two-fold legal submissions on the point of jurisdiction and authority of the CBI Court to array the petitioner as an accused:-