Karnataka High Court
M/S Jsw Steel Limited vs State By Cbi on 10 February, 2016
Author: A.V.Chandrashekara
Bench: A.V.Chandrashekara
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF FEBRUARY, 2016
BEFORE
THE HON'BLE MR.JUSTICE A.V.CHANDRASHEKARA
CRL.R.P NO.1226/2015
C/W
CRL.R.P NOS.1227/2015 AND 1228/2015
IN CRL.R.P.1226/2015
BETWEEN:
M/S JSW STEEL LIMITED.,
REP. BY ITS AUTHORIZED SIGNATORY
MR.MANI C MANUEL,
GENERAL MANAGER,
BRANCH OFFICE AT:6TH FLOOR,
EAST WING,
RAHEJA TOWERS,
M.G.ROAD,
BANGALORE-01.
REGISTERED OFFICE:
JSW CENTRE, BANDRA KURLA,
COMPLEX, BANDRA (EAST),
MUMBAI-400 051.
WORKS OFFICE AT:
VIJAYANAGAR WORKS,
P.O.VIDYANAGAR,
TORANAGALLU,
BALLARI-583 275. ...PETITIONER
(BY SRI. KIRAN S JAVALI, ADVOCATE)
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AND:
STATE BY CBI,
CBI OFFICE,
BELLARY ROAD,
BANGALORE-36. ... RESPONDENT
(BY SRI. C.H.JADAV, SENIOR ADV. FOR
SRI. HEGDE GANAPATHI DEVARU)
THIS CRIMINAL REVISION PETITION IS FILED
UNDER SECTION 397 OF CR.P.C. PRAYING TO SET ASIDE
THE ORDER DATED 08/09/2015 IN SPL.C.C.NO.207/2012
BY THE XXI ADDITIONAL CITY CIVIL AND SESSIONS JUGE,
AND PRINCIPAL SPECIAL JUDGDE FOR CBI CASES,
BANGALORE (CCH-4) AND DISCHARGE THE
PETITIONER/ACCUSED NO.8 IN SPECIAL
C.C.NO.207/2012 BY THE XXI ADDITIONAL CITY CIVIL
AND PRINCIPAL SESSIONS JUGE AND SPECIAL JUDGE
FOR CBI CASES, BANGALORE (CCH-4) AND ETC.,
IN CRL.R.P.1227/2015
BETWEEN:
DR.VINOD NOWAL,
S/O LATE SRI.MADAN NOWAL,
CHIEF EXECUTEIVE OFFICER AND
DIRECTOR, M/S JSW STEEL LTD.,
BUNGLOW NO.18, VIDYANAGAR,
TORANAGALLU,
DISTRICT BELLARY,
KARNATAKA STATE
PERMANENT R/AT NOWAL HOUSE,
WARD NO.13, PILARI DISTRICT,
RAJASTAN. ...PETITIONER
(BY SRI. KIRAN S JAVALI, ADVOCATE)
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AND:
STATE BY CBI,
CBI OFFICE,
BELLARY ROAD,
BANGALORE-36. ... RESPONDENT
(BY SRI. C.H.JADAV, SENIOR ADV. FOR
SRI. HEGDE GANAPATHI DEVARU)
THIS CRIMINAL REVISION PETITION IS FILED
UNDER SECTION 397 OF CR.P.C. PRAYING TO SET ASIDE
THE ORDER DATED 08/09/2015 IN SPL.C.C.NO.207/2012
BY THE XXI ADDITIONAL CITY CIVIL AND SESSIONS JUGE,
AND PRINCIPAL SPECIAL JUDGDE FOR CBI CASES,
BANGALORE (CCH-4) AND DISCHARGE THE
PETITIONER/ACCUSED NO.9 IN SPECIAL
C.C.NO.207/2012 BY THE XXI ADDITIONAL CITY CIVIL
AND PRINCIPAL SESSIONS JUGE AND SPECIAL JUDGE
FOR CBI CASES, BANGALORE (CCH-4) AND ETC.,
IN CRL.R.P.1228/2015
BETWEEN:
M/S SOUTH WEST MINING LTD.,
REP. BY SHRI RAJIV BANSAL,
S/O LATE NARAYAN BHANSAL,
AGED ABOUT 57 YEARS,
GENERAL MANAGER,
VIDYA NAGAR P.O.,
TORANAGALLU,
SANDUR TALUK,
BELLARY DISTRICT, KARNATAKA.
LOCAL ADDRESS:
III FLOOR, "THE ESTATE" DICKENSON ROAD,
BANGALORE-42. ...PETITIONER
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(BY SRI. KIRAN S JAVALI, ADVOCATE)
AND:
STATE BY CBI,
CBI OFFICE,
BELLARY ROAD,
BANGALORE-36. ... RESPONDENT
(BY SRI. C.H.JADAV, SENIOR ADV. FOR
SRI. HEGDE GANAPATHI DEVARU)
THIS CRIMINAL REVISION PETITION IS FILED
UNDER SECTION 397 OF CR.P.C. PRAYING TO SET ASIDE
THE ORDER DATED 08/09/2015 IN SPL.C.C.NO.207/2012
BY THE XXI ADDITIONAL CITY CIVIL AND SESSIONS JUGE,
AND PRINCIPAL SPECIAL JUDGDE FOR CBI CASES,
BANGALORE (CCH-4) AND DISCHARGE THE
PETITIONER/ACCUSED NO.7 IN SPECIAL
C.C.NO.207/2012 BY THE XXI ADDITIONAL CITY CIVIL
AND PRINCIPAL SESSIONS JUGE AND SPECIAL JUDGE
FOR CBI CASES, BANGALORE (CCH-4) AND ETC.,
THESE CRIMINAL REVISION PETITIONS ARE
COMING ON FOR ORDERS THIS DAY, THE COURT MADE
THE FOLLOWING:
COMMON ORDER
This Criminal Revision Petition is filed under Section 397 read with Section 401 of Cr.P.C. challenging the order dated 08.09.2015 passed by the XXI Additional City Civil -5- and Sessions Judge and Principal Special Judge for CBI Cases, Bangalore (CCH-4), in SPL.C.C.No.207/2012.
2. Charge sheet is filed against accused Nos.7 to 13 for the offences punishable under Sections 120-B, 420, 109 of IPC and Section 12 of the Prevention of Corruption Act.
3. The learned counsel for the petitioner-accused No.8 submits that this Revision Petition may be disposed of by granting liberty to urge all the contentions before the Trial Court. It is submitted that allegation made against him is without any basis and that no case is made out to proceed further in order to frame charge for any of the offences mentioned in the charge. Further, it is argued that the investigation is still under progress and 169 witnesses have been examined. Charge sheet has been filed against the petitioner-accused and many witnesses are examined.
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4. Accordingly the revision petition is disposed of granting liberty to the petitioner to urge all the contentions available under law before the trial Court.
Sd/-
JUDGE MS*