H S HAIDRI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard both the counsel.

(2.) The accused/applicant has preferred this criminal revision being aggrieved by the order dated 22/3/2004 passed by the 1st Additional Sessions and Special Judge, Raipur in Special case No. 7/2002 titled as State of Chhattisgarh v. HS. Haidari, whereby the learned Special Judge has refused the request of the applicant to recall Mr. N.S. Choubey, Inspector, for further cross- examination and also refused to summon some defence witnesses.

(3.) Brief facts giving rise to filing of this revision petition are that Smt. Pushpa Upadhyay presented a complaint on 6/10/2001 before the Special Police Establishment on the ground that the accused/applicant who was working as Accountant in Public Health Centre, Gariaband, did not add the arrears of increment in her salary pay bill and he demanded Rs. 500/- as bribe for favour. On the complaint of Smt. Pushpa Udadhyay, on 8/10/2001 a trap party was constituted and the trap was arranged. The accused/applicant was caught red-handed taking the bribe, and accordingly, he was arrested. After completion of the investigation, charge sheet for commission of offence punishable under Section 7 read with Sections 13(1)(d) & 13 (2) of the Prevention of Corruption Act was filed against the accused applicant. The learned Special Judge after framing the charge of the aforesaid offence asked the prosecution to adduce the evidence. The prosecution examined all the witnesses. Thereafter, the statement of the accused was recorded and the accused wasasked to enter into his defence to which the accused/appellant furnished the list of defence witnesses and requested to summon them to examine them in defence. Learned Special Judge vide the impugned order, rejected the application of the applicant to recall Mr. N.S. Coubey under Section 311 of the Cr. P.C. and at the same time rejected to summon the defence witnesses mentioned in the order.