RAMA SINHA Vs. STATE

JUDGEMENT

(1.) By the present petition, the petitioner had sought setting aside of the orders dated 14th Sept., 2016 and 15th Sept., 2016 summoning the petitioner as the Court witness and directions to the learned Trial Court to summon the witnesses cited by the petitioner as Court witnesses and to examine them before recording the statement of accused under Sec. 313 Crimial P.C.

(2.) A brief history of litigation. The husband of the petitioner Dr. A.K. Sinha is facing trial in RC 2/1986 under Sec. 5(2) read with Sec. 5 (1) (d) of the Prevention of Corruption Act, 1947 (in short 'the PC Act'). After filing of the charge sheet, the CBI filed an application under Sec. 3 of the Criminal Amendment Ordinance, 1944 seeking attachment of various proprieties purportedly belonging to Dr. A.K. Sinha, husband of the petitioner. After notice was issued in the said application, the petitioner filed objections to the application of the CBI. The petitioner also filed an application for summoning the witnesses as an objector where-after one Sushil Bansal, Inspector, Income Tax Solan, Himachal Pradesh was examined as OW1, who according to the petitioner did not produce the relevant documents.

(3.) Since the Court was proceeding with the recording of the evidence in the trial instead of disposing of the objections filed by the petitioner, the petitioner filed a petition under Sec. 482 Crimial P.C. before this Court being Crl. M.C. No. 3525/2005 challenging the orders dated 4th May, 2005 and 31st May, 2005 passed by the learned Trial Court. Crl. M.C. No. 3525/2005 was disposed of by this Court on 26th July, 2007 with the following order :-