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2005 Supreme(Ori) 353

A.K.PARICHHA
Muralilal Gupta – Appellant
Versus
Republic of India – Respondent


Advocates:
For Petitioner:M/s. D. Panda, D. Pr. Dhal, R. K. Dash, G. R. Mohanty, A. Kr. Parida, P. K. Samantaray
For Opp. Party:Mr. S. K. Padhi, Sr. Standing Counsel (CBI)

JUDGMENT

A. K. PARICHHA, J. — This is an application under Section 482, Cr.P.C. for quashing the charge framed against the petitioner in S.P.E. No. 1 of 1998 of the Court of the learned Additional Chief Judicial Magistrate-cum-Special Judge (Vig.), Bhubaneswar.

2. The petitioner was charge-sheeted under Section 120-B/420, IPC in SPE No. 1 of 1998 in the Court of learned Addition¬al Chief Judicial Magistrate-cum-Special Judge (Vig.), Bhubanes¬war. After entering appearance in that case, the petitioner filed an application under Section 239, Cr.P.C. for his discharge. Learned Addl. Special Judge (CBI), Bhubaneswar, by order dated 2.5.2003 rejected the said prayer of the petitioner and framed charge under Section 120-B/420, I.P.C. Aggrieved, the petitioner has filed the present application to quash the said order dated 2.5.2003.

3. Mr. D. Panda, learned counsel appearing on behalf of the petitioner submits that the materials produced by the prose¬cution do not constitute any case under Sections 120-B/420, IPC and therefore, rejection of the prayer for discharge of the petitioner was unjust and illegal. It is submitted that the financial and administrative power of the concerned compan











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