AJIT SINGH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The matrix of the facts & material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant revision petition and emanating from the record, is that, initially, a criminal case was registered against the petitioner (accused) and his other co-accused, by means of Crime Report, bearing No. 34 dated 8.8.2002 (Annexure P1), on accusation of having committed the offences punishable under section 120-B read with sections 420, 409 IPC and sections 13(1)(c) & 13 (1) (d) read with section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter to be referred as "the PC Act") by the respondent-Central Bureau of Investigation (for brevity "the CBI").

(2.) After completion of the investigation, the CBI submitted the final police report (Annexure P2) and accordingly, the accused were charge sheeted to face the trial of indicated offences, by way of charge sheet dated 7.2.2006 and the case was slated for prosecution evidence. After conclusion of the prosecution evidence, the statements of the accused were recorded as contemplated under section 313 Cr. PC on 30.3.2009. As soon as, the accused examined four witnesses in defence, in the meantime, the petitioner-accused moved an application on 21.5.2012 to summon S. K. Abrol as an additional accused under section 319 Cr. PC.

(3.) The trial Judge dismissed the application u/s 319 Cr. PC, by virtue of impugned order dated 2.6.2012, which, in substance, is as under:-