RAJPAL SINGH Vs. C B I

JUDGEMENT

(1.) THIS petition is directed under Section 482 of Criminal Procedure Code for setting aside and quashment of the order dated 28-4-2005, passed by third Additional Sessions Judge and Special Judge/cbi, Bhopal in Special Case No. 6/04

(2.) IT is not in dispute that a trial under Sections 7,13 (2) and 13 (1) (d) of the Prevention of corruption Act, 1988 is pending against the applicant in which Shri Ajay Tiwari (P. W. 2), the alleged Manager of M/s. Communication Ltd. Co. was examined on dated 16-12-2004 as prosecution witnesses. Subsequent to this witness some other witnesses have also been examined. The aforesaid witness became hostile and did not support to the prosecution case. Subsequently he filed a complaint on dated 11-3-2005, to the Ministry of Personal Public Grievances and Pensions (Department of Personal and Training) Regulation New Delhi alleging that he was under threat and compulsion to give such statement as given on aforesaid date. By explaining the circumstances regarding threat and compulsion the witness Ajay Tiwari also made an application to the Superintendent of Police CBI, Bhopal for his re-examination by recalling him in the Court and also prayed protection for his family. Al-ongwith the copy of such application and application under Section 311 of Cr. PC for recalling this witness was submitted by Inspector of Police CBI Bhopal in which it was stated that being complainant of the case, Shri Ajay Tiwari was examined on 16-12-2004 and prior to recording his statement in the Court he was threatened by account officer of BSNL Rajpal Singh on telephone No. 2771525. Such complaint was made to him by children and due to such threatening the real story was not stated by him in his deposition.

(3.) BY filing the reply of this application various objections have been taken by the applicant for dismissal of the said application. On consideration the application was allowed and the said witness was recalled by the Trial Court.