NAVEEN SHEGAL Vs. CENTRAL BUREAU OF INVESTIGATION, CHANDIGARH

JUDGEMENT

(1.) Prayer in this petition is for setting aside the order dated 13.12.2019 (Annexure P-6) passed by the Special Judge, CBI Court, Chandigarh, vide which, he has allowed the prayer of the CBI to examine two witnesses Manohar Lal and Didar Singh as additional prosecution witnesses at the fag end of the trial; that too, on oral request of counsel for CBI, though they were not cited as witnesses in the challan submitted before the Court and their statements under Section 161 Cr.P.C. were not recorded.

(2.) Learned counsel for the petitioner submits that before filing of the present petition, the aforesaid two witnesses PW38 Didar Singh and PW39 Manohar Lal have already been examined. It is further submitted that when these witnesses were examined, the petitioner had made a request for deferring the recording the statements of these witnesses, as he intended to file the present petition, however, considering it an old case, the trial Court treated their cross-examination as Nil.

(3.) Learned counsel for the petitioner further submits that in view of the objection taken by counsel for the petitioner, the trial Court has recorded a note to this effect, on the statement made by the counsel representing the petitioner that he is unable to cross-examine the witness till the proper procedure is followed to summon such witnesses by affording an opportunity to the accused person. Thereafter, cross-examination of these two witnesses could not be recorded, in view of the fact that the petitioner intended to challenge the said order by way of filing the present petition. It is further submitted that the effect of recording the statements of these two witnesses PW38 Didar Singh and PW39 Manohar Lal would also prejudice the right of the petitioner, in a manner that when statement of the Investigating Officer K.S. Rana was recorded as PW37, certain questions with regard to these two witnesses were not put to him, as it was not in the knowledge of the petitioner that this will be permitted subsequently. One of the witness PW11 Saurav Kant, whose voice sample along with voice sample of the petitioner were taken and Saurav Kant PW11 (later on turned as approver) by the Investigating Officer K.S. Rana PW37, whereas PW38 Didar Singh and PW39 Manohar Lal were the witnesses to this proceeding and therefore, the petitioner has a right to further cross-examine PW37 K.S. Rana as well as PW11 Saurav Kant in this manner.