AJAY CHOPRA Vs. C B I

JUDGEMENT

(1.) THE petitioner is aggrieved by the order passed by Special Judge, cbi Shri V. K. Maheshwari dated October 22, 2008 dismissing the application of the petitioner under Section 311 of the Code of Criminal Procedure who sought to recall prosecution witnesses No. 42 and 43 for the purpose of cross-examining them. It is not disputed that the examination-in-chief of the aforementioned witnesses was recorded by the concerned court on March 1, 2006 and March 2, 2006. However, learned counsel for the petitioner was not available on the said dates for conducting cross-examination of these witnesses. Hence, after recording their examination-in-chief, the cross-examination was recorded nil. It is also not disputed that after the right to cross-examine these witnesses was closed, the case proceeded further and even the statements under Section 313 of the Code of Criminal Procedure of all the accused persons including that of the petitioner were recorded and concluded on april 9, 2008. The final arguments in the case commenced on September 25, 2008. It was on October 13, 2008 that the petitioner chose to file the application before the Special judge for recall of the witnesses. The Special Judge after giving details of how the case had proceeded dismissed the application. I have perused the order of the Special Judge. I find no infirmity in the same. As noticed above, the examination-in-chief of the witnesses sought to be recalled was recorded on March 1, 2006 and March 2, 2006. The petitioner chose to sleepover the matter for more than two years and woke up only when final arguments were being addressed. The Special Judge rightly dismissed the application. Accordingly, the present petition, which is for setting-aside of the order of the Special Judge, is also dismissed. The trial court record be sent back.