RAKESH JAIN Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Prayer in this petition is for setting aside the order dtd. 23/5/2022 passed by the Special Judge, CBI Court, U.T. Chandigarh, vide which an application filed by the petitioner-accused for granting permission to cross-examine PW40 Karan Singh Rana, in question-answer format, was declined.

(2.) Brief facts of the case are that FIR No.RCCHG2013A0011 dtd. 29/5/2013 under Sec. 109 IPC and Sec. 13(1)(e) read with Sec. 13(2) of Prevention of Corruption Act, was registered at Police Station CBI, ACH, Chandigarh against the petitioner on a complaint given by Inspector Ravinder Kush, CBI, ACB, Chandigarh and the petitioner-accused was caught redhanded by CBI, while demanding and accepting bribe of Rs.50,000.00. While recording statement of PW40 K.S. Rana, Investigating Officer, who conducted the investigation in part, an application was moved for granting permission to cross- examine him in question-answer format, however, the trial Court dismissed the application, by passing the following order:-

(3.) The petitioner challenged the aforesaid order by submitting that PW40 has conducted part of the investigation and seized certain documents, permission may be granted to cross-examine him by way of putting questions so that he may not give evasive reply.