OM PARKASH Vs. CBI

JUDGEMENT

(1.) The present revision petition under Section 397/401 of Criminal Procedure Code has been filed against the charge framed against the petitioner by the Special Judge-01 (CBI), Rohini Courts, Delhi.

(2.) At the very outset, counsel for the CBI submitted that a revision petition against framing of charge by the Special Judge, CBI was barred under Section 19 (3) (c) of Prevention of Corruption Act, 1988 (as amended) wherein it is provided that no court shall exercise power of revision in relation to any interlocutory order passed in any inquiry, trial, appeal or other proceedings. This court had considered the issue whether a revision would lie or not against charge under Prevention of Corruption Act in Dharamvir Khattar & Ors. Vs. CBI, 2009 4 AD(Del) 657 and after discussing numerous judgments of this court and Apex court had come to a conclusion that the order framing charge was purely an interlocutory order and a revision against the order framing charge was barred under Section 19 (3) (c) of Prevention of Corruption Act. This court in Criminal Revision Petition No.293 of 2006 titled R.C. Sabharwal & Ors. vs. CBI decided on 6th January, 2010, after considering Dharamvir's case (supra) and State vs. Navjot Sandhu & Ors., 2003 6 SCC 641 and Satya Narayan Sharma vs. State of Rajasthan, 2001 8 SCC 607 had observed that a revision was not maintainable. However, in above case it was contended that if revision was not maintainable, there should be no bar on challenge being made under Article 227 of the Constitution of India. This court observed that since no request had been made to court by any of the revisionists that revision should be converted to a petition under Article 227 of the Constitution of India and revision was not maintainable, the revision was dismissed. However, one of the petitions made under Article 226/227 was kept pending for decision.

(3.) It is argued by counsel for the petitioner that this court had not held that a petition under Article 227 of the Constitution of India was also not maintainable.