AC SUDEVANANDA AVADHUTA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) THIS is a revision petition filed by the petitioner against the order dated 18th July, 2009 passed by Sh. A. K. Chawla, the learned Additional District and sessions Judge, Karkardooma Courts, Delhi. By virtue of the said order the learned Additional District and Sessions Judge has disposed of the two applications dated 21st January, 2008 and 11th July, 2009 filed on behalf of the petitioner/accused praying therein that voice sample of CW-9 Arun Kumar mishra be recorded and secondly his voice be transferred from the cassette to the CD form.

(2.) BRIEFLY stated the facts leading to the filing of the present revision petition are that on 2nd January, 1975, it is alleged that a bomb was hurled and blasted at a public meeting addressed by the then Union Railway Minister late Sh. Lalit Narain Mishra who was injured and later on succumbed to these injuries. The charge sheet was filed by the CBI on 12th November, 1975 under Sections 120b/302/307/324/326/34 IPC read with sections 4/5 of Indian Explosive Substance Act.

(3.) THE prosecution is alleged to have concluded its evidence on 16th April, 1986. An application was filed by the petitioner under Section 311 Cr. P. C. for the purpose of recalling/ re-examining PWs-1, 2, 4 to 7, 14, 15, 24, 29 and 11 directing witnesses to be produced as Court witnesses. It may be pertinent here to mention that the prosecution has examined more than 100 witnesses and closed its evidence on 16th April, 1986. The learned Sessions Judge disallowed the application of the petitioner for summoning the aforesaid witnesses as court witnesses apart from two persons Mr. Arun Kumar Mishra and Mr. Arun Kumar thakur.