THAMEEM ANSARI S/O. ABDUL RAHMAN Vs. STATE

JUDGEMENT

(1.) Under assail is the Order, dtd. 16/5/2023 passed in Criminal M.P. No.639/2023 in Special S.C. No.14 of 2022 (C.C. No.01/2015).

(2.) The Order impugned passed by the Special Court is made against the Objection Petition filed by the Accused in Special S.C. No.14 of 2022. It is not in dispute that trial commenced in Special S.C. No.14 of 2022 and Prosecution Witnesses 1 to 38 have already been examined. During the pendency of the present Criminal Original Petition, the Trial Court proceeded with examination of further Witnesses and as on today, 57 Witnesses are examined.

(3.) While examining PW45 alleged leading question was asked by the Public Prosecutor, which was objected by the learned Counsel appearing on behalf of the Accused before the Trial Court. The objection was reduced in writing by way of Memo/Objection Petition and the said Objection Petition was entertained and the Trial Court permitted the prosecution side to file Counter-Statement on the Objection Petition and the impugned Order dismissing the Objection Petition was passed, which resulted in filing of the present Criminal Original Petition under Sec. 482 of the Code of Criminal Procedure.