SANT GURMEET RAM RAHIM SINGH Vs. CBI

JUDGEMENT

(1.) By this judgment, four petitions bearing Crl. Revn. Nos. 3823,3825,3880 and 3998 of 2014 shall stand disposed of as the issues in all the petitions are more or less the same. For the sake of convenience, facts are being extracted from

(2.) Briefly the facts of the case are that petitioner is facing trial in case FIR No. RC 5(S)/2002/SIU-XV/CHG dated 12.12.2002 for offence punishable under Sections 376,506 and 509 IPC registered at Police Station Special Crime Branch, CBI, Chandigarh. The said FIR was registered on the directions issued by this Court on 24.9.2002 in Crl. Misc. No. 26994-M of 2002 dated 24.9.2002 as writ jurisdiction was invoked by this Court on its own motion in respect of an anonymous complaint. The chargesheet was filed against accused-petitioner on 30.7.2007 and case was committed to the Court of Additional Sessions Judge, CBI for trial for offences punishable under Sections 376,506 IPC on 6.9.2008. The prosecution submitted a list of total 28 witnesses, out of which, 15 were examined during the period from 2008 to 2013. On 3.9.2013, the evidence of the prosecution was closed and statement of accused was recorded under Section 313 Cr.P.C on 11.2.2014. Thereafter, the accused-petitioner submitted a list of 98 defence witnesses, out of which some were examined and some were found to be dead. Even some of the witnesses who were not part of the list were also allowed to be examined, some witnesses were given up as they were not found to be available on the address given in the list. Vide impugned order dated 15.11.2014, the list of defence witnesses was curtailed and defence was allowed to examine DW-Tek Chand Sethi. It was also mentioned in the said order that in case accused wants to examine himself as defence witness, an application can be moved in this regard.

(3.) Order dated 15.11.2014 is now the subject matter of challenge in Crl. Revn. No. 3823 of 2014. After passing of aforesaid order i.e. dated 15.11.2014, the petitioner moved another application to examine Ms. Sudesh, Sh. Dharam Singh, Sh. Mohan Singh and Sh. Gurdial Singh, which was dismissed on 29.11.2014. Thereafter two more applications were also moved by the petitioner with the same request, which were dismissed on the ground that Court cannot review or recall its own order.