Bharat Bhushan Mittal vs Cbi Jammu on 19 December, 2018

[Cites 1, Cited by 7]

Jammu & Kashmir High Court

Bharat Bhushan Mittal vs Cbi Jammu on 19 December, 2018

Bench: Sanjay Kumar Gupta

        HIGH COURT OF JAMMU AND KASHMIR AT JAMMU


CRR No. 12/2014, IA No. 10/2014
c/w
CRR No. 07/2014, IA No. 07/2014
CRR No. 10/2012
                                                      Date of order: 19.12.2018
Bharat Bhushan Mittal                       Vs.                CBI Jammu
Coram:

                  Hon'ble Mr. Justice Sanjay Kumar Gupta, Judge.
Appearing counsel:
For Petitioner (s) :       Mr. Mohsin Bhat, Advocate vice
                           Mr. Sunil Sethi, Sr. Advocate
For Respondent (s) :       Ms. Monika Kohli, Advocate

i)    Whether to be reported in
      Digest/Journal                          :     Yes/No.
ii)   Whether approved for reporting
      in Press/Media                    :           Yes/No.

1. By virtue of this order I am disposing of three connected Revision Petitions arising out of three orders passed in same challan pending before court below.

2. Criminal Revision No. 10/2012 has been filed by the State against order dated 15.10.2011 read with order dated 16.07.2011, by virtue of which Special Judge, Anti Corruption has disallowed permission to State/CBI to re-examine the witness in order to confront him with previous statement recorded under Section 161 Cr.P.C.

3. Criminal Revision No. 07/2014 has been filed by the petitioner/accused challenging the order dated 18.02.2014 passed by the Court below, whereby application filed by him for deferring the recording of the statement of Investigating Officer till final outcome of revision petition filed by the State (CRR No. 10/2012), has been dismissed.

CRR No. 12/2014 a/w connected matters Page 1 of 2

4. Criminal Revision No. 12/2014 has also been filed by the accused, thereby challenging the order dated 24.02.2014, by virtue of which right of petitioner to cross-examine the Investigating Officer has been closed in sheer disregard and derogation of order dated 24.02.2014 passed by this Court in Criminal Revision No. 07/2014.

5. It appears that record of the Court below was called and same is lying with these files and trial has already been protracted since 14.08.2014.

6. After hearing for a while, I am of the view that all these revision petitions can be disposed of by directing the court below to allow the State to re- examine PW -Jatinder Kumar Saini for confronting him with statements recorded under Section 161 Cr.P.C in re-examination, as no prejudice shall be caused to accused. It is ordered accordingly. Criminal Revision No. 10/2012 is disposed of accordingly.

7. I am of the further view that order of court below dated 24.02.2014, thereby closing the right of accused to cross-examine the Investigating Officer is not correct; because right to cross-examine prosecution witnesses especially I/O in a criminal case is valuable right of the accused for fair trial. No prejudice shall be caused to State by allowing the accused to cross-examine the Investigating Officer. The order thus is set aside; accused is allowed to cross examine the I.O. Criminal Revision No. 12/2014 is disposed of accordingly.

8. So far as Revision Petition No. 7/2014 is concerned, the same has become infructuous in view of order passed by this Court in the above two Revision Petitions.

9. All the petitions are disposed of accordingly. Record of the trial court be sent back along with a copy of this order for proceeding with trial.

(Sanjay Kumar Gupta) Judge Jammu 19.12.2018 Meenakshi CRR No. 12/2014 a/w connected matters Page 2 of 2

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