DURGA DATT PRADHAN Vs. CBI

JUDGEMENT

(1.) THIS is a petition U/s 482 Cr.P.C. r/w Article 227 of the Constitution of India assailing the order dated 24.03.2012 of Special Judge (CBI) Rohini whereby application U/s 319 Cr.P.C. of the petitioner was dismissed.

(2.) I have heard the petitioner in person and perused the records.

(3.) WITH regard to the Mr. Sanjeev Kaushal, Mr. Prem Prashant and Mr. P.K. Mahapatra, it was noted that since they have been examined as prosecution witnesses, they get the protection of Section 132 of the Evidence Act and could not be summoned U/s 319 Cr.P.C. The Learned Special Judge relied upon the case of State (Delhi Administration) Vs. Jagjit Singh 1989 AIR (SC) 589 and also M.P. Gangadharan Vs. State 1989 Crl. L.J. 2455 as also Municipal Corporation of Delhi vs. Ram Kishan Rohtagi 1983 Crl. J.J. 159.