UNION OF INDIA Vs. MAHESH CHANDRA GUPTA

JUDGEMENT

(1.) This criminal revision under section 397/401 Cr.P.C. has been filed by the Union of India through Superintendent of Police, C.B.I./A.C.B., Lucknow against the order dated 29.07.2015 passed by the Special Judge, C.B.I. Court No.5, Lucknow in Criminal Case No.07 of 1998 by which the application filed by the revisionist under section 311 Cr.P.C. has been rejected.

(2.) I have heard Sri Bireshwar Nath, learned counsel for the C.B.I. and Sri Nandit Srivastava, learned counsel for the opposite party.

(3.) It has been contended by the learned counsel for the C.B.I. that in this case the charge-sheet was filed against the opposite party under section 13(2) read with section 13(1)(e) of P.C. Act, 1988 alleging that during the check period of 1963 to 1991 the opposite party was being posted as UDS, MES at different places in the capacity of public servant and was found in possession of huge movable and immovable properties to the tune of several lacs of rupees which was disproportionate to the known sources of his income. After some of the witnesses were examined, the revisionist felt that some of the documents have not been proved and as such an application under section 311 Cr.P.C. was moved for summoning the witnesses in order to prove those documents. This application was objected by the opposite party and by the impugned order dated 29.07.2015, the application under section 311 Cr.P.C. was rejected by the trial court on the ground that from the period 08.05.2002 to 18.02.2013, the prosecution examined nine witnesses and till 30.04.2015 no witness was examined. It was also observed by the Court that the documents sought to be proved by summoning the witnesses, are already marked as exhibits because the opposite party had accepted the genuineness of the documents.