SUKHDEV RAJ JOSHI Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Prayer in this petition is for setting aside the order dated 3.1.2020 passed by the Special Judge, CBI, Punjab, SAS Nagar, Mohali dismissing an application filed by the petitioner under Section 311 Cr.P.C. for re-summoning PW3 Kulwinder Kaur for the purpose of further cross- examination.

(2.) Brief facts of the case are that one Surjit Kaur filed Criminal Writ Petition No.455 of 1994 for issuance of a writ of habeas corpus for releasing her husband Sant Charan Singh, brother-in-law Kesar Singh, Gurdev Singh, Majha Singh, her brother Gurmej Singh and nephew Balwinder Singh from the custody of Tarn Taran police. In the said writ petition one representation dated 24.2.1994 was attached which was addressed to the Inspector General of Police, Crime Branch, Punjab, in which it was stated that the whereabouts of the detenues are not known and they be got released. Later on, vide order dated 13.9.2019, an enquiry was entrusted to the Sessions Judge, Amritsar to look into the version of the petitioner and the respondents and submit a report. The Sessions Judge, Amritsar held in his report that the allegations of the complainant regarding taking away her male family members are not substantiated. Thereafter, vide order dated 2.5.1997, this Court entrusted the investigation to the CBI to enquire into the allegations of the petitioner. In pursuant thereto, the CBI registered the case/RC No.1(s)/97/SIU-XII/CHG dated 30.5.1997 under Sections 364 , 120-B read with Section 218 IPC, at Police Station CBI/SIU- XV/ Chandigarh.

(3.) After completing the hearing, the CBI presented the charge sheets in the CBI Court. One of the report was regarding illegal detention of Gurmej Singh and Balwinder Singh in which certain documents regarding the statements of Gurmit Kaur and Kulwinder Kaur were also attached.