Jharkhand High Court
Superintendent Of Police, Acp/Cbi, ... vs Sri Abhai Kant Jha & Ors on 23 September, 2011
Author: Prashant Kumar
Bench: Prashant Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No. 1419 of 2011
Superintendent of Police, ACB/CBI, Dhanbad ....Petitioner
Vs.
Sri Abhai Kant Jha and others ....Opposite Parties
CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR
For the Petitioner: Mr. Mokhtar Khan ( CBI)
For the Opposite Parties:
2/23.09.2011: This application has been filed for quashing the order dated 9.11.2006 passed in C.R. 20/86 (pat) whereby the learned court below directed the CBI to supply police paper to the accused persons show that the charge can be framed against them.
It is submitted by Mr. Mokhtar Khan, learned counsel appearing for the CBI that this case was earlier pending at patna and after Re-Organization of State of Bihar, the same has been transferred to Dhanbad. It is submitted that at Patna, the police paper had already been supplied to the accused persons vide order dated 26.7.1991 and 9.4.1992. But from perusal of the said order I find that there is no receipt in the margin of order sheet to show that the accused persons received the said police paper. Learned counsel for the CBI also not annexed any other paper to show that the police paper has already been received by the accused persons.
Under the said circumstance, I find no reason to interfere with the order of court below, rather, in my view, it is in the interest of justice that all the police paper as well as other documents on which CBI going to rely for proving charge against the accused be served on accused, so that they can properly defend themselves in the case.
Accordingly, this application is dismissed.
( Prashant Kumar,J.) Sharda/-