KRISHAN LAL Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This order of mine shall dispose of two petitions bearing Crl. Misc. Nos. M-22438 of 2018 and Crl. Revn. No. 1827 of 2018 as the question of law involved in both the cases is the same. However, for the sake of convenience, facts are being extracted from Crl. Misc. No. M-22438 of 2018.

(2.) The prayer in the present petition is for quashing of impugned order dated 15.5.2018 (pre-lunch) (Annexure P-1) passed by the Special Judge, CBI, Panchkula in case FIR No. RC-10 (s) 2003/CBI/SCB/ Chandigarh dated 9.12.2003 (Annexure P-2) qua the part, wherein, during cross-examination of PW-31, namely, Khatta Singh, the defence counsel was not allowed to confront said witness with his previous admitted statement dated 8.10.2015 (Annexure P-17) in another case i.e. FIR No. RC/1/2015/CBI/SC-II/SIU/ New Delhi dated 7.1.2015.

(3.) Briefly, the facts of the case are that FIR was registered against the present petitioner and other co-accused. As per prosecution version, a common statement of Khatta Singh was recorded under Section 161 Cr.P.C. on 21.6.2007 by CBI in three cases i.e. RC-5 (case of sexual exploitation of Sadhvis), RC-8 (Ranjeet murder case) and in the present case i.e. RC-10 (Ram Chander Chattarpati murder case). Similarly a common statement of PW-31- Khatta Singh was recorded under Section 164 Cr.P.C. on 22.6.2007 by the Magistrate in all the three cases. It is pertinent to mention here that before recording the aforesaid statements, PW-31 Khatta Singh moved an application dated 29.3.2007 before the Special Judicial Magistrate, CBI, Ambala, wherein, he had stated that Investigating Officer, CBI intimidated and pressurized him to make adverse statement to falsely implicate Dera Chief Sant Gurmeet Ram Rahim Singh and other devotees, whereas, he was not ready to make such statement and, therefore, PW-31-Khatta Singh prayed that his statement under Section 164 Cr.P.C. may be recorded in the interest of justice. Said application was dismissed vide order dated 30.3.2007 on the ground that it was not maintainable as the case was already committed to the Special Judge, CBI, Haryana.