R K CHANDOLIA Vs. CBI

JUDGEMENT

(1.) The present petition challenges the order of the Ld. Special Judge dated 12.01.2012, disallowing certain questions to be put to the prosecution witness PW 12 , during cross-examination.

(2.) The facts necessitating the disposal of the present petition are that, the charge sheet was filed against petitioner on 02.04.2011. Thereafter the Ld. Special Judge was pleased to frame charges against the petitioner vide order dated 22.10.2011 under Section 13(2) r/w Section 13(1)(d) PC Act r/w Section 120-B IPC, Section 120-B r/w 409/420/468/471 IPC, Section 7 or Section 11 r/w Section 12 PC Act. Thereafter, the prosecution witnesses were summoned for examination. During the cross-examination of PW 12 Tarun Das, certain questions asked by the petitioner's counsel were disallowed on the premise of these being "irrelevant". The two questions which were disallowed by the Special Judge were, "Do you have a mobile phone" and "Do you pay service tax on the phone bill of your mobile phone". The petitioner has preferred the present petition, challenging the order of the Ld. Special Judge dated 12.01.2012 disallowing these questions.

(3.) The learned counsel for the petitioner submitted that the purpose of asking those questions were, to prove that the Government was earning revenue on mobile telephony through Service Tax during the tenure of co-accused A. Raja as Telecom Minister. Further it was also his intention to show that the said prosecution witness was not aware that "Service Tax" was levied on mobile telephony. It is further submitted that the Ld. Special Judge cannot deprive the defense counsel of his right of cross-examination in view of sections 146, 148 and 151 of the Evidence Act, and cannot over-rule questions put up by the defense counsel as "irrelevant" without passing a speaking order in that regard.