RAKESH JAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision is directed against the order dated 07.10.2015, passed by the SDJM, Samalkha in FIR No.68 dated 07.03.2008.

(2.) The background is necessary. An application had been filed by the accused to examine the author of Mark DW4/A to DW4/H. The petitioner claims that CCTV camera had been installed at Jain Sathanak, 50, Sector 14, Urban Estate, Karnal and the memory card of the mobile phone for the audio recording is under the control and custody of one Lovely Arora. He had prepared CDs by taking the storage from the CCTV camera through a pen drive and which was transferred to a laptop and it was was in his possession. It was pleaded that DW4 - Sadhvi Jain Ananta had appeared as a defence witness and she was in conversation with Ramesh Jain and it was recorded in the audio and video which was placed in the Court file when Sadhvi Jain Ananta was under examination on 15.05.2015. One set of 8 CDs was handed over to the complainant in the Court and the accused had played the audio and video CDs on the computer and laptop.

(3.) Reply was not filed by the complainant. The trial Court dismissed the application and noted the following:-