R LAKSHMINARAYANAN Vs. INSPECTOR OF POLICE CBI

JUDGEMENT

(1.) WITH the consent of both parties, matter is taken up for final disposal. Heard both the Counsels and perused the material on record.

(2.) ASSAILING the correctness of the order dated 15. 03 2004 passed by the XXI Additional City civil and Sessions Judge, Bangalore in Criminal Revision Petition No. 465/2003 Whereby, the learned Sessions Judge has dismissed the revision petition confirming the order dated 16. 03. 2001 passed by the learned 1st Additional Chief Metropolitan Magistrate in C. C. No. 2251/1994, by which the application filed by the petitioner Under Section 91 Cr. P. C. to call for the statements of PW-3 (CW-4) made before the Reserve Bank of India as well as before the Inspector of Police of C. B. I in R. C. No. 18/ 1992, is rejected.

(3.) THE application filed by accused-petitioner herein Under Section. 91 of Cr. P. C. , discloses that c. W. 3 R. Ganesh (P. W. 4) has made certain statements before the Central Bureau of investigation (CBI for short) and before the Reserve Bank of India (RBI for short) relating to and concerning the matter in issue in the present case; but the prosecution has not chosen to secure those documents nor have they furnished the copies of those documents to the accused; that the earlier statements made by said R. Ganesh (P. W. 4) are very much crucial for the defence of the accused-petitioner herein; that the documents sought to be called for, contradict the statements made by said P. W. 4 Under Section. 162 Cr. P. C. in this case and that therefore, those documents are very much required for the purpose of cross examination of P. W. 4 to bring out the truth as the said statements would demonstrate that the statements of P. W. 4 recorded Under Section. 162 of Cr. P. C. , in this case, is not true and correct; and that those documents are necessary for the court to arrive at the just conclusion. In the said application, the accused-petitioner has sought for the following documents: