ASHOK KUMAR PATHAK Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Heard Sri Ronak Chaturvedi, learned counsel for the applicant and Sri Gyan Prakash, learned Assistant Solicitor General of India assisted by Sri S.K. Yadav and Sri Raman Saxena.

(2.) The instant application assails the order dated 6 September 2019 passed by the Special Judge, (Anti Corruption), CBI, Court No. 3, Ghaziabad, in Special Case No. 02 of 2017 (State through CBI Versus Ashok Kumar Pathak) arising from Case Crime No. RC-1202017A0006, under Sections 7, 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, Police Station ACB CBI, Ghaziabad, rejecting the application of the accused/applicant filed under Section 311 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') for recalling P.W.-1, Lieutenant General Suresh Sharma for cross examination.

(3.) The facts giving rise the present application is that Pawan Kumar Tiwari made a complaint before the Anti Corruption Branch C.B.I. Ghaziabad, alleging that applicant demanded illegal gratification for release of his payments for the works performed by him for Military Engineering Services. Pursuant to the complaint, F.I.R. came to be lodged on 10 April 2017. After investigation C.B.I. submitted charge sheet against the applicant, the Special Judge, Anti Corruption CBI Ghaziabad vide order dated 27.07.2027 took cognizance.