SAMEER SANDHIR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Instant petition under Sec. 482 Crimial P.C. has been preferred by the petitioner to challenge the legality and correctness of an order dated 06.02.2016 of learned Spl.Judge, CBI whereby application under Sec. 173(5)(8) Crimial P.C. filed by CBI to place on record CDs (M-137/13 & M- 170/13) (hereinafter referred as 'CDs') was allowed. Petition is contested by the respondent.

(2.) I have heard the learned Senior Counsel for the petitioner and learned Special Public Prosecutor for CBI and have examined the file.

(3.) Admitted position is that the petitioner among others is facing trial in case RC No.217/2013/A0004 registered under various offences under Prevention of Corruption Act. Charge-sheet and supplementary charge sheet have since been filed before the Trial Court. By an order dated 06.02014, charge has been ordered to be framed against the petitioner and others. Certain witnesses have also been examined on behalf of CBI. On 16.09.2014 at the time of examination of PW-3 (Mr.Uday Suryavanshi) objection was raised to the playing of CDs on the ground that these were never relied upon or filed in the Court. CBI sought permission to file an appropriate application. On 17.09.2014, CBI filed an application seeking permission for preparing copies of sealed CDs; it was allowed by an order dated 27.09.2014. The order was challenged in Crl.M.C. No.4739/2014 before this Court. By an order dated 12.05.2015, the petition was allowed setting aside the order dated 27.09.2014 directing the Trial Court to permit CBI to file an appropriate application to bring on record the sealed CDs and after satisfying itself, as to whether those CDs could be brought on record during the recording of evidence and under what provisions of law. It was further directed that the said application be dealt with promptly while considering the admissibility and authenticity of the sealed CDs.