CENTRAL BUREAU OF INVESTIGATION Vs. RAVI DUTT PATHAK

JUDGEMENT

(1.) By way of the present petition filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.'), the petitioner seeks setting aside of order dated 31.07.2017 (hereinafter referred to as 'Impugned Order') passed by the Court of Additional Chief Metropolitan Magistrate (ACMM) (East), Karkadooma Courts, New Delhi, whereby the application under Section 311 Cr.P.C. filed by the petitioner for recalling of PW-17/Sh. R.K. Sharma for further examination was dismissed.

(2.) Brief facts of the present case are that a Regular Case bearing No.5(S)/2000/SCB-1/DLI was registered by the petitioner on 27.12.2000 against the respondent, upon a complaint dated 12.12.2000 referred by the Ministry of External Affairs relating to several forged complaints/letters addressed to the Ministry, various political personalities etc. regarding alleged irregularities in the functioning of B.P. Koirala Institute of Health Services, Dharan, Nepal (BPKIHS Project). The respondent who was the Private Secretary to the Chief Engineer (Project), was appointed on deputation in the BPKIHS Project by the Central Public Works Department (CPWD) amongst other officials. During investigation it was revealed that out of the 16 instances of forged complaints, three were engineered at the instance of the respondent. Search under Section 93 Cr.P.C. was conducted at the respondent's premises and voluminous incriminating documents were seized therefrom. Chargesheet was filed against the petitioner on 06.05.2002 under Sections 465/469/471 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC').

(3.) The prosecution in all examined 18 witnesses. Final arguments were concluded by both the parties on 30.05.2017 and the matter was reserved for judgement for 05.07.2017.