RAVINDRA KUMAR CHANDOLIA Vs. CBI

JUDGEMENT

(1.) THE present writ petition under Article 226 read with 227 of Constitution of India seeks to assail the order of the learned trial court dated 19/12/2011 whereby an application under Section 91 Cr.PC moved by the petitioner for summoning of some documents was dismissed.

(2.) THE petitioner herein along with other co-accused persons was facing trial for offences under Section 120B IPC read with Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act (hereinafter referred to as "PC Act"), on the allegations of criminal conspiracy and criminal misconduct in respect of allotment of Letters of Intent (LOI), Unified Access Services (UAS) Licenses and Spectrum by Department of Telecommunication (DoT).

(3.) THE case before the learned Special Judge was at the stage of recording prosecution evidence and Mr. Aseervatham Achary was under examination as PW7 when the instant application was filed by the petitioner for summoning some documents. This witness was cited as PW103 in the list of witnesses by the prosecution. THE said application was dismissed by learned Special Judge holding that the documents which are sought to be produced were aimed at fishing expedition and the application was designed to waste the time of the court and to delay the proceedings.