- (1.) The present revisional application has been directed against an order dated 25.5.2001 passed by the learned Judge, 1st Special Court, Alipore, South 24 Parganas in Special Case No. 15 of 1999 under Section 120B/420/468/471 of the Indian Penal Code and Section 13 (2) read with 13 (1)(d) of Prevention of Corruption Act.
(2.) The present petitioner being the accused No. 1 in the aforesaid case filed an application under Section 307 of the Code of Criminal Procedure with a prayer for granting pardon. On such application the learned Judge passed an order directing the prosecution to submit its opinion regarding such prayer for granting; pardon to accused No. 1, i.e., the present petitioner. Date was fixed for hearing of such petition under Section 307, Cr.P.C. On the date of hearing the learned Counsel appearing for other accused persons, namely accused Nos. 2, 3, 4 and 8 made a submission before the learned Judge, 1st Special Court that the petition under Section 307, Cr.P.C. filed by the accused No. 1 i.e., the present petitioner contains allegation against other accused persons and as such they have a right to participate in the hearing of the said petition under Section 307, Cr.P.C. filed by the accused No. 1. It was further submitted before the learned Judge that the co-accused persons intended to file objection against such petition under Section 307, Cr. P.C.
(3.) On such prayer made on behalf of the other accused persons the learned Judge held that all other accused persons should have a right of hearing according to the normal procedure of law. Accordingly the learned Judge fixed another date for hearing of the petition under Section 307, Cr.P.C. and the other accused persons were given liberty to file their objection in the meantime. It is at this stage, the petitioner has come up before this Court in revision challenging such order.;