MARGAO: Panchayat Minister Mauvin Godinho on Saturday suffered a setback when the Special Judge Vincent D’Silva dismissed applications filed by him and two others seeking discharge from the power rebate case and, asked them to face trial.
Katreddi Venkata Sahaye Krishnakumar and M/s Glass Fibre Division, (a division of Binani Zinc Ltd) presently known as M/s Goa Glass Fibre Ltd were the other two appli-cants.
All alleged accused had prayed for discharging them from the case. Then Power Minister Godinho had moved an application before the trial court praying to stop proceedings and to discharge him of the offences.
He had contested that there was no provision in the Code of Criminal Procedure for reinvestigation in a case.
However, the State government had strongly opposed Godinho’s plea for discharge in the power rebate case and had sought trial to proceed.
Judge D’Silva in his order said since his predecessor in the case had already framed charges against the accused, there is no question of discharging them or stopping the pro-ceedings in the matter.
The Crime Branch had filed a chargesheet against Godinho and six others in connection with the alleged Rs 4.52 crore power rebate scam reported in 1998. Former chief electrical engineer was also one of the accused who expired since. Three accused were charged un-der section 13 (2) of Prevention of Corruption Act.
Special Judge Vincent D’Silva in his order observed that in any event, the question whether the order passed by the Panjim Magistrate was for reinvestigation or further in-vestigation or whether the investigation carried out in the present case amounts to reinves-tigation, as contended by the advocates for the accused, cannot be adjudicated nor it is open to the accused to challenge the said contention, at this stage. It was more particular-ly when the High Court as well as the Supreme Court had considered the sufficiency of materials against the accused and directed to frame the charges under the aforesaid Act.
While dismissing the prayer for discharging them from the offence, the Judge observed that it is therefore once the Court framed charges in compliance of Section 228 of Code, the Court has no power to discharge the accused. The only option for the Court is either to acquit or convict the accused.
Judge D’Silva said, “My predecessor in the above case has already framed charges against the accused and therefore, there is no question of discharging the accused or stopping the proceedings in the matter.”
The submission of advocates for the accused therefore cannot be accepted having any merit. The accused having failed to make out a case, the applications filed by them respectively deserve to be dismissed, the Court said. The Court posted the matter for further hearing on July 26.
Spl Judge dismisses retd govt official Nagarajan’s application
MARGAO: Special Judge Vincent D’Silva dismissed the application by retired government servant T Nagarajan, one of the accused in the power rebate scam case who had prayed for discharge.
The Special judge dismissed the prayer of discharging him from the case.
The Special judge observed that it is an admitted fact that charges have been already framed against the accused No 2 and others and evidence have already been commenced and therefore, the accused also cannot be discharged at this stage.
He said that Court considers that there are sufficient grounds for presuming that the accused has committed an offence, exclusively triable by the Sessions Court, and frames charge un-der Section 228 CrPC, a discharge application filed under Section 227 after framing of the charge would not be maintainable.
The order says that the accused having failed to make out a case, the application filed by him deserves to be dismissed.
