BRIJ KISHORE SINGH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The present Criminal Revision Case is filed under Sections 397 and 401 Cr.P.C. aggrieved by the order, dated 15.04.2019, passed in Crl.M.P.No.239 of 2019 in C.C.No.42 of 2016 on the file of the I-Additional Special Judge for S.P.E. and A.C.B. Cases-cum-V Additional Chief Judge, City Civil Court, Hyderabad, wherein and whereunder an application filed by the respondent/complainant under Section 321 Cr.P.C., seeking permission to withdraw the prosecution case against the revision petitioner/AO, was dismissed.

(2.) The facts in issue are as under:

(3.) Pending trial, the revision petitioner/accused officer submitted a representation dated 15.11.2017 to the Government, stating that the Director General, Anti Corruption Bureau, Hyderabad, has not considered his additional income of Rs.1,22,67,914/- (salary and others Rs.66,92,914/-, additional income, rental, sale proceeds, wife salary, loan from Credila of HDFC and other hand loans of Rs.55,75,000/-) and requested to withdraw the prosecution orders and to drop further action in the matter. Considering the material facts, the Government reviewed its decision and decided to withdraw the prosecution orders issued in G.O.Ms.No.110 dated 21.04.2016 and accordingly withdrawn the prosecution orders issued against the revision petitioner/AO, vide G.O.Rt.No.676 dated 29.08.2018, and requested the Director General, Anti Corruption Bureau, Telangana State to take necessary action. Thereafter, the prosecution moved the application under Section 321 Cr.P.C., seeking consent of the Court for withdrawal of the prosecution case against the revision petitioner/AO. By an order, dated 15.04.2019, the learned I-Additional Special Judge, dismissed the said application. Challenging the same, the present Criminal Revision Case is filed.