MRIGEN SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision petition, under Ss. 401/397 of the Code of Criminal Procedure, is directed against the order dtd. 24/12/2020, passed by the learned Special Judge, Assam, in Special Case No. 02/2017, under sec. 7/13(1)(b)/13(2) of the Prevention of Corruption Act, read with sec. 109/120(B)/420/465/468/471/201 IPC. It is to be noted here that vide impugned order, dtd. 24/12/2020, the learned Special Judge, Assam, has rejected the petition No. 392/2020, filed by the petitioner - Dr. Mrigen Saikia, under sec. 5(2) of P.C. Act, read with sec. 306 Cr.P.C. for allowing him to become an approver in the said case.

(2.) The factual background, leading to filing of the present petition, is briefly stated as under:

(3.) Being highly aggrieved, the petitioner has approached this court by filing the present petition on the ground that the learned court below had passed the impugned orders without application of judicial mind and without considering the fact that the petitioner would be instrumental in conviction of the prime accused, and that the learned court below has failed to consider the fact that if the prosecution agrees that tender of pardon will be in the interest of a successful prosecution of the offenders whose conviction is not easy without the approvers testimony then the trial court has to agree in tendering pardon and that two similarly situated persons have already been granted pardon and made approver and it is the prosecution who has to decide who should be put in the witness box for ensuing a successful prosecution and that marshalling of evidence is essentially a job of prosecution and that the learned court below has committed manifest error by rejecting the prayer of the petitioner and therefore, it is contended to allow the petition.