Dinbandhu Singh vs The State of Jharkhand

Jaya Roy, J.—The Petitioner has filed the instant application for setting aside the order dated 07.03.2011 passed by the Additional Sessions Judge-I-cum-Special Judge, C.B.I., Dhanbad in R.C.4A/08AHDR whereby the court below has dismissed the petition dated 05.09.2010 filed by the Petitioner praying therein 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 Sessions Judge-I-cum-Special Judge, C.B.I., Dhanbad.

Counsel for the Petitioner has submitted that the Petitioner has filed an application on 05.09.2010 before the Special Judge, C.B.I., Dhanbad for holding and declaring him as an approver and also for seeking pardon in the instant case. The Petitioner has also given an undertaking that he shall piously follow the course of proceeding prescribed under Sections 306 and 307 Cr.P.C.

It is further contended that the learned court below dismissed the Petitioner''s aforesaid application without application of judicial mind and without asking the prosecution to file any reply or counter to the aforesaid petition filed by the Petitioner.

Mr. Khan, counsel appearing for the C.B.I. has filed a counter affidavit on behalf of Opposite party. In paragraph 20 of the said counter affidavit he has mentioned as quoted herein:

That with regard to the statement made in paragraph 17 of the application filed by the Petitioner, the answering opposite party says and submits that in the interest of the case, we have recommended for taking the accused Dinbandhu Singh as an approver.

Hence, the Petitioner Shri Dinbandhu Singh deserves to get the relief of becoming an approver in this case.

Mr. Khan has also submitted before this Court that he has no objection if the Petitioner is declared as approver in the instant case.

Considering the submission of the counsel for the C.B.I. and also in view of the aforesaid statement made by the C.B.I. in their counter affidavit, I set aside the order dated 07.03.2011 passed by the Additional Sessions Judge-I-cum-Special Judge, C.B.I., Dhanbad in R.C.4A/08-AHD-R 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.