ASIF BALWA Vs. C B I

JUDGEMENT

(1.) The present writ petition under article 226 and 227 of the constitution read with section 482 CrPC is preferred by the Petitioner against the order of the Ld. Special Judge dated 21.11.2011 whereby the Ld. Special Judge had opined that the objections raised by the defense counsel during evidence shall be decided at the time of final arguments and not as and when they are raised.

(2.) The brief facts necessitating the present petition are that the Petitioner has been named as an accused in FIR bearing no. RC No. DAI-2009-A- 0045, ACB/CBI/NEW DELHI dated 21.10.2009. The charge-sheet was filed before the Ld. Special Judge on 02.04.2011 and thereafter charges were ordered to be framed against the Petitioner vide order dated 22.10.2011 under section 12 r/w section 7 or in the alternate section 11 of the Prevention of Corruption Act ( PC Act ) read with section 193 IPC read with section 120-B IPC. The Petitioner was further charged with the offence of conspiracy u/s 120 B r/w 409/420/468/471 IPC and section 7 or in alternate section 11 r/w section 12 and 13 (2) r/w 13(1)(d) of the PC Act.

(3.) During the examination-in-chief of PW 5, the defense counsel objected to the exhibition of certain documents as they were allegedly not proved in accordance with law and thereupon the Ld. Special Judge after consideration passed an order rejecting the plea of the defense counsel to adjudicate upon the objections raised regarding proof of documents being irregular as and when they are raised and postponed such adjudication until final arguments. The said proceedings have been assailed in this petition.