VISHWA MITTAR GARG Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure for setting aside the order dated 1.12.2009 passed by the Special Judicial Magistrate, CBI and to afford one opportunity by recalling witness Som Nath for cross-examining him in the case RC No. 24/96 dated 30.4.1996, under Sections 420, 409, 467, 468, 471, 120-B, of the Indian Penal Code at Police Station CBI, Chandigarh.

(2.) Learned senior counsel for the petitioner has submitted that PW-12 Somnath is the only material witness in this case. His examination-in-chief was recorded on 12.2.2009 but his cross-examination was deferred as the counsel for the petitioner was not available. The adjournment was granted to the petitioner subject to payment of Rs. 500/- as cost. On the adjourned date, two Pws were present. One PW was cross-examined by the counsel for the petitioner but PW Somnath could not be examined. In these circumstances, cross-examination of PW Somnath was treated as NIL. Learned senior counsel has further submitted that in the interest of justice only one opportunity be granted to the petitioner to enable him to cross-examine PW Somnath otherwise, the petitioner, who is facing the criminal proceedings since the year 1996, would suffer injustice.

(3.) Learned Counsel for the respondent, on the other hand, has opposed this petition and has submitted that despite the opportunity having been granted to the petitioner he had failed to cross-examine PW Somnath.