- (1.) This revision has been filed by accused persons Ranjeet Srivastava & others against the order dated 07.08.2015 passed by the learned Special Judge (Anti-Corruption), CBI, Court No. 1, Ghaziabad in Special Case No. 16 of 2011 (CBI versus Ranjeet Srivastava and others), rejecting the application of revisionists under section 319 Cr.P.C. for summoning Bankey Bihari Tripathi as co-accused for trial together with them.
(2.) I have heard Shri Shyam Lal, Advocate for and on behalf of revisionist, Shri N.I. Jafri, Advocate on behalf of C.B.I., learned AGA and perused the record.
(3.) Learned counsel for the revisionists contended that O.P. No. 3, Bankey Bihari Tirpathi was also co-accused with them, but was granted pardon under section 306 Cr.P.C. by Ist Additional Chief Judicial Magistrate, Ghaziabad vide order dated 14.08.2002 as he turned to be an accomplice/approver; that Ist A.C.J.M had no jurisdiction to grant pardon to accused as the above power vested only with the Chief Judicial Magistrate, and since it is a matter under Prevention of Corruption Act, 1988 (hereinafter referred to as "P.C. Act") the above power vested with only the Special Judge under P.C. Act; that above Bankey Bihari Tripathi was produced by prosecution as P.W. -2 and since in view of his statement on oath as P.W.-2, there is sufficient material evidence against him upon which he may be convicted and so the Special Judge ought to have summoned him for trial together with revisionists, within the powers conferred, under section 319 Cr.P.C.;