CHAND Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This petition under Sec. 482 Cr.P.C is directed against the order dtd. 22/2/2021, passed by Special Judge (PC Act), Rouse Avenue Courts, rejecting the application filed by the petitioner herein under Sec. 311 Cr.P.C, seeking permission to engage a handwriting expert.

(2.) Material on record discloses that on the directions of this Court, FIR No. RC NO-DST/2005/S-010 dtd. 14/12/2005 was registered at Police Station CBI/STF/NEW DELHI for offences under Sec. 120B, 420, 511, 468, 471 of the Indian Penal Code (hereinafter referred to as "IPC") read with Sec. 13(2), 13(1)(d) of the Prevention of Corruption Act (hereinafter referred to as "the PC Act") against seven accused in relation to reviving Narmad Cooperative Group Housing Society on the basis of forged and fabricated documents with the object to get land allotted in the name of the society by the DDA at reserve price which is at 1/6th or 1/7th of the market rate causing wrongful gains to the accused and corresponding loss to the DDA.

(3.) The charge sheet was filed on 29/11/2006 and charges were framed on 18/2/2011. The trial has begun. The prosecution has concluded its evidence. When final arguments were to commence, the petitioner filed an application for engaging a hand-writing expert for an opinion in supplement to the opinion rendered by the handwriting expert appointed by the Government. The said application was rejected by the impugned Order dtd. 22/2/2021 stating that the handwriting expert has given his report. He has been examined and cross-examined by the Petitioner herein. It has also been noted in the impugned Order that there is no allegation against the government expert with respect to his impartiality.