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| HC dismisses petition seeking deferment of trial till all challans filed in ETT scam | | | Early Times Report
Jammu, Mar 31: In the much publicized ETT scam, a petition was filed by Manish Suri, an accused in charge-sheet seeking deferment of trial till all the supplementary charge-sheets filed.
Justice Janak Raj Kotwal while dismissing the petition observed that investigating agency's power to further investigate a case under section 178 Cr. P C is not correlated with the trial of the case and the trial cannot be stayed on that score.
In the petition filed by Suri, who is accused number 2 in the charge-sheet arising in FIR No. 36/2013 of Police Station, Crime Branch, Jammu under sections 120-B, 420,451, 468 and 471 RPC read with 5(2) PC Act pending in the court of learned Special Judge, Anti Corruption, Jammu, moved an application under section 344(1-a) read with section 205 Cr P C seeking adjournment of the proceedings in the case sine die and his exemption from personal appearance in the court on the ground that the investigating agency has been permitted to file supplementary charge-sheet and pursuant thereto multiple charge-sheets have been filed and many more are expected to be filed in terms of section 173 (8) Cr P C so trial should be deferred till all the charge-sheets are filed.
The trial court rejected the prayer and dismissed the application vide order dated 07.06.2016 and challenged this order is impugned in this revision petition. Justice Kotwal after hearing the Government Advocate Amit Chopra for the state observed that section 173 (1) Cr. P.C. preserves the power of the investigating agency to undertake further investigation and to file supplementary charge-sheet or charge-sheets even after charge-sheet in terms of section 173(2) Cr. P.C, has been filed, there is no provision in law to postpone the trial. Investigating Agency's power to further investigate a case under section 178 Cr. P.C. is not correlated with the trial of the case and the trial cannot be stayed on that score. |
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