The judgment establishes the discretionary nature of the power under Section 319 Cr.P.C. and emphasizes the need for strong and cogent evidence before summoning a person as an additional accused.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been preferred against an order dated 06.12.2018 passed by the Learned Special Judge, 3rd Special Court, Bankshall, Kolkata, West Bengal in Spl. Case No.33/2007 arising out of RC-51(A)/1994 of CBI, ACB, Kolkata whereby the Learned Judge was pleased to pass an order stalling the trial proceedings in this case by directing CBI to obtain sanction order from the competent authority against Shri Prabir Kumar Basu (prosecution witness) for making him an accused and passed further order that after framing charges against said Shri Prabir Kumar Basu, trial in this case would commence.

2. FACTS:-

The petitioner, Central Bureau of Investigation, hereinafter referred to as CBI, had registered the case being RC No. 15(a)1994 in CBI, ACB, Kolkata Branch on 10.08.1994 against Shri Prasanta Kumar Mitra, Secretary, Bhim Chandra Sasmal, Manager (fin), N.K. Ghatak, Pay & Accounts Manager, D. Banerjee, Sr. Manager (Marketing), all of Tea Trading Corporation of India Ltd., and against M/s. International Linkers, a commission agent, on the basis of a source information.

3. It has been alleged in the FIR that S/Shri Prasanta Kumar Mitra, Secretary, Bhim Charan Sasmal, Manager (Fin), N.K. Ghatak, Pay & Accounts Manager, D. Banerjee, Sr. Manager (Marketing) all of Tea Trading Corporation of India Ltd., entered into criminal conspiracy among themselves and with M/s. International Linkers, a commission agent, and in furtherance of the said criminal conspiracy they by abusing their respective official position as public servant, displayed undue favour to the said firm M/s. International Linkers by appointing the firm as Carrying & Forwarding Agency of T.T.C.I., and paid the firm a sum total of Rs. 4.5 Lakhs on account of security deposit which was encashed by the firm.

4. After completion of the investigation, Charge sheet was filed in the said case before the Learned Special Judge, 3rd Special (CBI) Court, Bankshall Court, Kolkata on 25.02.1997 against the accused persons namely S/Shri Mrinmoy Chandra, Ex-Chairman-cum-Managing Director, Prasanta Kumar Mitra, Secretary, Bhim Charan Sasmal, Manager (Finance), all three of tea Trading Corporation of India Limited, and Shri Krishna Lal Bhalla of M/s. International Linkers under Sections 120B/420/467/468/471/477A of IPC, and Section 13(2) r/w 13(1)(d) of P.C. Act, 1988. Investigation has substantiated that both Shri Mrinmoy Chandra and Shri Prasanta Kumar Mitra had instantly agreed to the request placed by accused Shri Krishna Lal Bhalla of M/s. International Linkers for sanctioning & granting Rs. 2 Lakhs as security advance, interest free against which Shri Krishna Lal Bhalla would reduce the house rent from Rs.6000/- to Rs.4000/- p.m. Thereafter a letter of acceptance was written on 18.12.1992 to Shri Krishna Lal Bhalla. But, there was no provision for such payment in the lease deed. As such Shri Prabir Kumar Basu, Sr. Manager (Fin) strongly objected to the sanction by stating that the Corporation was facing financial crisis. In spite of said objection raised by Shri Prabir Kumar Basu, Sr. Manager (Finance), the proposal was finalized and a voucher for Rs. 2 Lakhs was prepared vide DR/496/CC dt. 05.02.1993 countersigned by Shri Mrinmoy Chandra, Managing Director of the organization, and only after approval of the higher authority, a cheque bearing no. 629435 dated 05.02.1993 for Rs. 2 lakhs drawn on SBI, Overseas Branch, Kolkata was issued in favour of Shri Krishna Lal Bhalla.

5. The investigation has substantiated that, S/Shri Mrinmoy Chandra, Prasanta Kumar Mitra, Bhim Charan Sasmal in pursuance of the criminal conspiracy told Sh. Prabir Kumar Basu, Sr. Finance Manager to prepare a Demand draft for Rs. 2 lakhs to be paid to Shri Krishna Lal Bhalla on the impression that, the earlier issued Cheque No. 626435 dtd. 05.02.1993 was cancelled. But as Shri Prabir Kumar Basu was reluctant to prepare the Demand Draft without confirmation from the Bank, accus