MRIGEN SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Biswas, learned counsel for the petitioner as well as Mr. Bankim Sarma, learned APP for the State.

(2.) This criminal petition under Sec. 482 CrPC is directed against the order dtd. 1/12/2022 passed by the learned Special Judge, Assam in Special Case No. 2/2017, which is proceeding 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.

(3.) The case projected by the petitioner is that with intent to become an approver in connection with the said case, the petitioner has made an application before the learned trial Court and in the said petition, he had also prayed to allow his statement to be recorded under Sec. 164 CrPC. The said petition was registered as petition no. 392/2020. It is projected that on the said petition, the learned Special Judge, Assam, by order dtd. 27/11/2020, deemed it necessary to record the statement of the petitioner under Sec. 164 CrPC. Accordingly the I.O. was directed to produce the petitioner before the learned Chief Judicial Magistrate, Kamrup (M), Guwahati for recording his statement under Sec. 164 CrPC and the said statement was ordered to be sent back in a sealed cover.