P DAS GUPTA Vs. STATE OF DELHI

JUDGEMENT

(1.) This revision petition has been filed inasmuch as the petitioner is aggrieved by the order dated 13.4.2006 passed by the Special Judge, CBI, New Delhi whereby the petitioner's application [under Section 294 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code")] for admission/denial of certain documents filed along with the application was dismissed.

(2.) It is pertinent to note that this application under Section 294 of the Code was filed at the stage of framing of charges and not in the course of a trial. Furthermore, before the said application under Section 294 of the Code was filed, the petitioner had filed two applications dated 26.9.2003 and 24.7.2004 praying for permission to file certain documents. Those applications had been rejected by the Special Judge by a speaking order dated 20.2.2006. It is also an admitted position that the documents mentioned in the application under Section 294 of the Code were the same documents which were the subject matter of the order passed by the Special Judge on 20.2.2006.

(3.) In the impugned order, this fact has been noticed and the learned Special Judge observed that the said application under Section 294 of the Code was "clearly a gross abuse of the precious time of the court". The same documents which had been rejected and had not been permitted to be taken on record by virtue of the order dated 20.2.2006 were again sought to be introduced into the record in this indirect fashion. Moreover, the application under Section 294 of the Code had been filed just two weeks after the earlier applications had been rejected. The exact words used by the learned Special Judge, while dismissing the application with costs of Rs.10,000/-, were as under: