The trial court can revoke an approver's pardon if there is evidence of misrepresentation in the proceedings, even without a Public Prosecutor's certification, as established under the relevant provisions.

Judgment :

Ajay Kumar Gupta, J.

1. Petitioner, Shyamal Dutta in CRR No. 516 of 2020 has challenged the order dated 31.08.2019 passed by the Special Judge, CBI Court No. 2, Alipore, South 24 Parganas in connection with Special Case No.17/2009 Z(R-17/2009) arising out of RC No. 0102007A0026 under Sections 120B read with Sections 420 /471 of the Indian Penal Code and Section 11 read with Section 13 (1) (d) read with (2) of the Prevention of Corruption Act, 1988 thereby revoked the order Nos. 14 and 18 dated 07.07.2009 and 24.07.2009 respectively, expunged the evidence adduced by the Petitioner as an approver (PW-13) and issued warrant of arrest against him.

2. The Petitioner, Smt. Kaveri Dutta, wife of Shyamal Dutta in CRR No. 2504 of 2021 has also challenged the order dated 31.08.2019 passed by the Special Judge, CBI Court No. 2, Alipore, South 24 Parganas in connection with Special Case No.17/2009 Z(R-17/2009) arising out of RC No. 0102007A0026 under Section 120B read with Sections 420 /471 of the Indian Penal Code and Section 11 read with Section 13 (1) (d) read with (2) of the Prevention of Corruption Act, 1988 thereby issued summon upon the petitioner under Section 319 of the Cr.P.C after expunging her statement recorded as prosecution witness (PW-12).

3. At the same time, the CBI as petitioner in CRR No. 1252 of 2022 being feeling aggrieved challenged the same order dated 31.08.2019, passed by the Special Judge, CBI Court No. 2, Alipore, South 24 Parganas in connection with Special Case No. 17/2009 Z(R-17/2009) arising out of RC No. 0102007A0026 under Section 120B read with Sections 420 /471 of the Indian Penal Code and Section 11 read with Section 13 (1)(d) read with (2) of the Prevention of Corruption Act, 1988.

4. All the instant three revisional applications have been taken up together for analogous hearing and passing a common judgment since the same have been filed by three different petitioners challenging the identical order dated 31.08.2019 as aforesaid.

FACTS OF THE CASE

5. The factual matrix, giving rise to the present Criminal Revisional applications, is as follows: -

a. The CBI, Anti-Corruption Branch (ACB), Kolkata registered a case being RC0102007A0026 dated 17.07.2007 under Sections 11, 12, 13(2) r/w Section 13 (1)(d) of PC Act, 1988, after verification of a written complaint submitted by Shri Tapan Kumar Basu, the then Chief Manager (Vig), United Bank of India (UBI) HO, Kolkata. The complaint was lodged against (1) Shri Gautam Kumar Sikdar, former Manager, (2) Shri Gautam Nandi, former Officer, both of UBI, Agarpara Railway Station Branch and (3) Shri Shyamal Dutta, the then Managing Director of M/S Anuskha Construction Private Ltd., Konnagar, alleging that during the year 2004-2005, the said MD had offered illegal gratification to the Bank officials for the sanction of two housing loans in violation of bank norms, along with some other allegations.

b. Upon completion of investigation, the Investigating Agency submitted a charge sheet on 28.07.2009 before the learned Trial Court against Shri Gautam Sikdar (A-1) and Shri Goutam Nandi (A-2) under Sections 120B/420/471 of the IPC and Sections 11, 12, 13(2) r/w Section 13 (1) (d) of PC Act, 1988. Shri Shyamal Dutta (A-3) was treated as an approver and tendered pardon vide order No. 14 dated 07.07.2009 and order No. 18 dated 24.07.2009, and his statement was recorded under Section 164 of the Cr.P.C. on 09.07.2009. Thereafter, charges were framed on 30.08.2012 against the accused/opposite party