ANOOP SARIN Vs. C B I GHAZIABAD

JUDGEMENT

(1.) -This writ petition has been filed for setting aside the order dated 27.1.2007, passed by Special Judicial Magistrate (C.B.I.) Ghaziabad in Special Case No. 1250 of 2003, C.B.I. v. Anoop Sarin, under Sections 420, 120B, 467, 468 and 471, I.P.C., whereby the learned Magistrate allowed the application filed by public prosecutor of C.B.I. for summoning Vijay Jyoti and S. K. Ojha as witnesses in the case, and the order dated 10.3.2008, passed by Addl. Sessions Judge/Special Judge (C.B.I.), Prevention of Corruption Act, Ghaziabad in Criminal Revision No. 119 of 2007, Anoop Sarin v. C.B.I., Dehradoon, whereby the learned Judge dismissed the revision.

(2.) I have heard Sri Ravindra Nath Rai, learned counsel for the petitioner and G. S. Hajela, learned counsel for the opposite party and perused the material on record.

(3.) THIS application was opposed by the accused on the ground that these two persons were also found to be involved in the commission of crime and therefore, they could not be examined as witnesses, as they were the co-accused. The learned Magistrate held that since sanction was not given by their department, they have not been implicated as accused and therefore, they could be examined in the matter as witnesses. Feeling aggrieved by the order passed by the learned Magistrate, a revision was preferred but the plea as taken by the petitioner did not find favour with the revisional Judge and revision was also dismissed. Hence, this writ petition.