LAXMI RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) THOUGH THIS MATTER IS LISTED for ADMISSION, BY THE CONSENT OF BOTH SIDES, the MATTER IS TAKEN UP FOR FINAL DISPOSAL.

(2.) THIS CRIMINAL REVISION PETITION BY THE accused FILED UNDER SECTION 397 R/w 401 CR. P. C. IS DIRECTED AGAINST THE JUDGMENT DATED 19-1-2004 PASSED IN SPL. C. C. NO. 218/ 1996, ON THE FILE OF THE XXI ADDL. CITY CIVIL and SESSIONS JUDGE and SPECIAL JUDGE FOR CBI cases, BANGALORE, WHEREIN THE LEARNED SESSIONS JUDGE HAD REJECTED THE APPLICATION FILED by THE ACCUSED NO. 2, CHALLENGING THE LEGALITY AND PROPRIETY OF THE ORDER IMPUGNED. 2a. THE COURT HAS HEARD THE ARGUMENTS of SRI P. S. MAHADEVAN, THE LEARNED COUNSEL on BAHALF OF THE REVISION PETITIONER AND SRI ashok HARNAHALLI, THE LEARNED COUNSEL ON behalf OF THE RESPONDENT.

(3.) THE LEARNED COUNSEL FOR THE REVISION petitioner STRENUOUSLY CONTENDED THAT THE material ON RECORD CLEARLY SHOWS THAT THE order IMPUGNED IS ILLEGAL AND IMPROPER. THE learned SPECIAL JUDGE HAD ERRED IN NOT NOTICING THAT 24 WITNESSES HAVE BEEN EXAMINED BY THE PERSON, WHO IS NOT COMPETENT TO examine AND THE SAME HAS RESULTED IN MISCARRIAGE OF JUSTICE AND THE SAME HAS PREJUDICED THE ACCUSED. THE LEARNED COUNSEL RELIED UPON THE FOLLOWING JUDGMENTS IN SUPPORT OF HIS CONTENTIONS.