NITIN BHAND Vs. C B I AND OTHERS

JUDGEMENT

(1.) Petitioner has filed this petition against the order dated 22.06.2015. By the aforesaid order, the trial Court has rejected the application filed by the petitioner under Section 319 of Cr.P.C. The prayer of the petitioner is that respondent No.3 Mr. Laxmanan, who is prosecution witness No.12, and the respondent No.4 Ganesh Pawar be added as accused.

(2.) It is a fact that the petitioner himself is an accused and he wants that other two persons, who have been examined by the prosecution as witnesses, be also added as accused in the case.

(3.) Learned counsel for the petitioner has admitted the fact that the trial is at the last stage and most of the witnesses produced by the prosecution have been examined before the trial Court. In view of above, if the application filed by the petitioner be allowed at this stage and as prayed by the petitioner, other two persons be added as accused, then the evidence adduced by the prosecution witnesses have to be recalled because these two persons are prosecution witnesses. It would amount de novo trail. Trial proceedings have to be quashed. The petitioner, if think appropriate, can file a private complaint mentioning all the facts against the respondents No.3 and 4, if he wants to do so. However, in our opinion, it would not be just and proper to consider the merits of the case and pass an order in regard to adding the respondents No. 3 and 4 as accused at this stage of trial.