Ramesh Prasad vs The State of Jharkhand

Jaya Roy, J.—The Petitioner has filed this Cr. Revision application for setting aside the order dated 18.01.2011 passed by the Additional District and Sessions Judge-I-cum-special Judge, C.B.I., Dhanbad passed in R.C.4A/97D whereby the court below has dismissed the petition dated 31.01.2007 filed by the Petitioner with a prayer to make for holding and declaring him as an approver in the instant case under the provision of Section 306 Code of Criminal Procedure and u/s 5 of the Prevention of Corruption Act, 1988. The case is now pending in the court of Additional District and Sessions Judge-cum-Special Judge, C.B.I., Dhanbad.

Counsel for the Petitioner submits that the Petitioner filed the aforesaid petition on 31.01.2007 for holding and declaring him as an approver and for seeking pardon in the instant case. The Petitioner has also given undertaking that he shall piously follow the course of the proceeding prescribed under Sections 306 and 307 Code of Criminal Procedure. It is further submitted that in reply to the petition filed by the Petitioner, the C.B.I. filed a petition on 15.02.2008 stating therein that the C.B.I. does not have any objection, if Ramesh Prasad, the Petitioner, the then Operation Officer, Indian Oil Corporation, Barauni is made approver in the instant case. But the court below without considering the reply filed by the C.B.I rejected the Petitioner''s application holding that this Petitioner is directly involved in this case.

Mr. Khan, appearing for the C.B.I. submitted that though he has filed a counter affidavit in this case on 19.04.2011 but he has no objection to make the Petitioner as an approver, if the Petitioner gives an undertaking in the court below that he shall follow the course of proceeding under Sections 306 and 307 Code of Criminal Procedure.

Considering the submission of the counsel for the C.B.I. and also considering the reply filed by the C.B.I. in the court below which is annexed as Annexure-3 in this criminal revision application, I set aside the order dated 18.01.2011 passed by the Additional District and Sessions Judge-cum-Special Judge, C.B.I., Dhanbad in R.C.4A/97D and direct the trial court that if the Petitioner files an affidavit giving undertaking that he shall follow the course of proceeding prescribed under Sections 306 and 307 Code of Criminal Procedure the Trial court will allow the Petitioner to be an approver in the instant case.

With this direction this Cr. revision application is allowed.