AKHAND PRATAP SINGH Vs. CBI

JUDGEMENT

(1.) Trial court vide impugned order of 24th October, 2017 rejects petitioner's application raising issue of maintainability and continuance of trial, by relying upon Section 6 of the Delhi Special Police Establishment Act, 1946 (hereinafter referred to as DSPE Act).

(2.) Learned counsel for petitioner draws the attention of this Court to Supreme Court's order of 1st July, 2016 (Annexure P-19) to point out that Supreme Court had given liberty to petitioner to take all defences, as may be available to him in law, in the course of trial. It is submitted that rejection of petitioner's application by trial court being not maintainable, runs counter to Supreme Court's order of 1st July, 2016. It is submitted that respondent has to get more than 50 witnesses examined and because the trial is vitiated, so subjecting petitioner to the agony of trial would not be in the interest of justice.

(3.) On the contrary, Special Public Prosecutor for respondent-CBI submits that plea of maintainability by resort to Section 6 of DSPE Act, 1946 was taken by petitioner at the charge stage and the said plea has been negated by this Court as well as by Supreme Court, as Special Leave Petition has been dismissed vide order of 1st July, 2016 and so, petitioner cannot urge this plea again amidst trial.