AUGUSTINE Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Common order dtd. 10/2/2026 in Crl.M.P.Nos.1/2026 and 2/2026 in C.C.No.35/2014 on the files of the Special Court (SPE/CBI)-III, Ernakulam, is under challenge in this petition at the option of accused Nos.5 and 6 in the said case.

(2.) Heard the learned counsel for the petitioners/accused Nos.5 and 6 and the learned Special Public Prosecutor appearing for the Central Bureau of Investigation (CBI). Perused the common order under challenge and the decisions placed by the learned Public Prosecutor for CBI as well as the learned counsel for the petitioners.

(3.) In this matter, as on 19/12/2025, on completion of examination of PW1 to PW32 and marking of Exts.P1 to P106, after hearing both sides, the learned Special Judge, as per order dtd. 19/12/2025, had suo motu re-opened the case noticing the fact that Exts.P49 to 51, title deeds, were examined by CW39, the finger print expert, and he also compared the thump impressions of accused Nos.4 to 6 with the thump impressions in the Thump Impression Register kept in the Sub Registrar's Office, Melattoor, and on finding the necessity for examining the witnesses to prove the same. Pursuant to the said suo motu re-opening, the prosecution filed Crl.M.P.No.1/2026 and Crl.M.P.No.2/2026 and the prayers in the said petitions were to recall PW7 and PW32 (the Investigating Officer) for further examination and also to summon CW29 and an additional witness, Sri. Girish Kumar M. for examination on the prosecution side. The learned Special Judge, after addressing the issue, allowed the application for the reasons stated in paragraph No.8 of the impugned common order and paragraph No.8 of the impugned common order reads as under: