Delhi High Court - Orders
Shri Kishan Lal Agarwal vs Central Bureau Ofinvestigation on 24 August, 2021
Author: Mukta Gupta
Bench: Mukta Gupta
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1582/2021
SHRI KISHAN LAL AGARWAL ..... Petitioner
Represented by: Mr.Vivek Jain, Advocate.
versus
CENTRAL BUREAU OFINVESTIGATION ..... Respondent
Represented by: Mr.Anil Grover, Spl.P.P. for CBI
with Mr.Neeraj Bhardwaj and
Mr.Mankaran Singh, Advocates.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 24.08.2021 The hearing has been conducted through Video Conferencing. CRL.M.A.13300/2021 (exemption) Allowed, subject to all just exceptions.
W.P.(CRL) 1582/2021 CRL.M.A.13299/2021 (stay)
1. By this petition, petitioner challenges the order dated 4 th August, 2021 whereby the application filed by CBI under Section 311 Cr.P.C. was allowed and CBI was permitted to place on record list of witnesses and additional documents at the stage of final arguments, after learned counsel for the petitioner had served his written submissions to the CBI.
2. Learned counsel for the petitioner states that there is no provision to file additional documents along with an application under Section 311 Cr.P.C. as they were not relied upon documents filed with the charge-sheet or in supplementary charge-sheet. As regards examination of additional Signature Not Verified Digitally Signed By:JUSTICE W.P. (CRL.) 1582/2021 PageGUPTA MUKTA 1 of 2 Signing Date:24.08.2021 20:36:42 witnesses for which the application under Section 311 Cr.P.C. could have been filed it was filed belatedly and to fill the lacunae left in the CBI case, which is impermissible in law.
3. Issue notice.
4. Mr.Anil Grover, learned Spl. P.P. for CBI accepts notice.
5. Reply affidavit be filed within two weeks. Rejoinder affidavit, if any, be filed within one week thereafter.
6. List on 30th September, 2021.
7. Till the next date of hearing, no final judgment will be passed by the learned Trial Court.
8. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
AUGUST 24, 2021 'vn' Signature Not Verified Digitally Signed By:JUSTICE W.P. (CRL.) 1582/2021 PageGUPTA MUKTA 2 of 2 Signing Date:24.08.2021 20:36:42