- (1.) Crl. Appeal No(s). 939-940 of 2017 On 12th February, 2015, FIR No.9/2015 was registered by the Anti-Corruption Bureau and Economic Offences Wing under the provisions of Indian Penal Code and Prevention of Corruption Act, 1988. The allegation was that huge amount was recovered from possession of accused which was as a result of corruption. The FIR was against 27 persons but after investigation chargesheet was filed against 16 persons. The persons against whom the chargesheet was filed included senior officers of the Chhattisgarh State Civil Supplies Corporation.
(2.) During investigation, statements of three of the accused mentioned in the FIR, namely, Girish Sharma, Arvind Singh Dhruv and Jeet Ram Yadav, who are appellants before us, were recorded under Sections 161 and 164 Cr.P.C. They were not arrayed as accused but were cited as witnesses in the chargesheet. After the court took cognizance against the accused named in the chargesheet, some of the accused made applications under Section 193/319 Cr.P.C. to summon the above three persons, Girish Sharma, Arvind Singh Dhruv and Jeet Ram Yadav as accused.
(3.) The trial court rejected the said applications but the matter was carried in revision before the High Court and the High Court allowed the summoning. The reason given by the High Court in the order of summoning is that procedure under Section 306 Cr.P.C. was not followed which was the only procedure available under the Criminal Procedure Code to make an accused a witness, after grant of pardon with Court's permission. The High Court relied upon the version given by the said appellants in their statements under Sections 161 and 164 Cr.P.C. annexed to the chargesheet stating that some amount was found in their possession.;