JAYA ROY, J. - (1.) HEARD the learned counsel for the petitioner and the learned counsel for the C.B.I.
(2.) THE petitioner has filed this revision application for setting aside the order dated 14.12.2010 passed by the Special Judge, C.B.I.CumAdditional Sessions JudgeI, Dhanbad in R.C. Case No. 5A/1999 (P) corresponding to Special Case No. 05 of 1999 whereby the Court below has rejected the application of the petitioner filed under Section 227 of the Code of Criminal Procedure, 1973 for discharging him from the offence under Sections 419/420/468/471/406/409/120B of the Indian Penal Code and under Section 13(2) read with 13(1)(d) of the Prevention of corruption Act, 1988. The learned counsel for the petitioner has submitted that earlier the petitioner moved before this Court for quashing the order taking cognizance dated 14.09.2004 and also for quashing the entire criminal proceeding which was registered as W.P (Cr.) . No.406 of 2005. After hearing both the parties, the Hon'ble Court vide its order dated 16.05.2006 permitted the petitioner to withdraw the application and accordingly, the said application was dismissed as withdrawn. The order passed in the said W.P.(Cr.) No. 406 of 2005 read as under: "After some argument learned counsel for the petitioner prays to withdraw this application in order to raise all the points before the trial court itself at the stage of framing of charge. Prayer is allowed. Accordingly, this application is dismissed as withdrawn. If such an application is filed by the petitioner, the same shall be dealt with by the trial court in accordance with law and by a reasoned order."
(3.) THEREAFTER , the petitioner filed an application under Section 227 of Cr. P C. for his discharge but the Court below without . considering the points raised by him and without considering the materials available on record which were in his favour, rejected the aforesaid application refusing to discharge the petitioner by his order dated 25.09.2006. Against the said order, the petitioner had filed the Cr. Rev. No. 1049 of 2006 in this Hon'ble Court. After hearing both the parties and as earlier the Hon'ble High Court in W.P. (Cr.) No. 406 of 2005 had directed that if any application filed by the petitioner under Section 227 Cr. P. C., the same shall be dealt with by the trial Court in accordance with law and by passing a reasoned order but the Court below did not consider the points raised by the petitioner or the materials available on record. Therefore, the said order was set aside vide order dated 05.03.2009 by this Court and the case was remanded to the trial Court for considering the petitioner's case afresh and to pass a reasoned order in accordance with law. After considering the petitioner's petition afresh, the trial Court has rejected the petitioner's petition for discharge on 14.12.2010 against which the petitioner has filed the instant revision application (i.e. Cr. Revision No. 68 of 2011).;