INDER SAIN Vs. C B I

JUDGEMENT

(1.) Both the afore mentioned criminal revision petitions i.e. CRR No.2251 of 2018 titled as Inder Sain Vs. C.B.I. and CRR No.2254 of 2018 titled as Kuldip Singh and another Vs. C.B.I. have been filed by the petitioners-accused to challenge impugned order dated 06.06.2018 in case RC No.8(S)2003/CBI/SCB/Chandigarh and order dated 05.06.2018 in case RC No.10(S)2003/CBI/SCB/Chandigarh, respectively, passed by learned Special Judge (C.B.I.), Haryana at Panchkula, whereby the applications filed by the petitioners-accused under Section 311 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") for recalling of the Investigating Officer namely M. Narayanan (PW-60 and PW-46, respectively), have been dismissed.

(2.) This order of mine shall dispose of both the afore mentioned criminal revisions. However, for the sake of convenience, the facts have been extracted from CRR No.2251 of 2018.

(3.) Briefly, the facts of the case as made out in the petition are that CBI Court at Panchkula is conducting the trial relating to alleged murder of one Ranjit Singh. Petitioner-accused Inder Sain is facing trial in said case which is likely to be concluded. One of the prosecution witness namely Khatta Singh (PW-31) had earlier resiled from his version while stepping into the witness box and he did not support the case of the prosecution. Said witness has stated that his initial deposition recorded under Section 161 Cr.P.C. on 21.06.2007 by the Investigating Officer was false by putting threat/pressure upon him. He was under pressure while making statement under Section 164 Cr.P.C. recorded by learned Duty Magistrate. Thereafter, the challan was presented against the petitioner and the co-accused. The Investigating Officer was examined as PW-60. Co-accused namely Baba Gurmeet Ram Rahim Singh was convicted in another case i.e. RC5(S)/2002 on 25.08.2017. Said PW-31 Khatta Singh moved an application under Section 311 Cr.P.C. on 14.09.2017 for recording his deposition again stating that he became hostile on account of pressure/fear of Baba Gurmeet Ram Rahim Singh. Said application was dismissed by the Special Judge CBI on 25.09.2017. Thereafter, Khatta Singh approached this Court by filing CRR No.3592 of 2017. Said petition was allowed vide order dated 204.2018. In pursuance of the order passed by this Court, said witness Khatta Singh (PW-31) was re-examined before the CBI Court. During his re-examination, he proved his statement recorded under Section 161 Cr.P.C. by Investigating Officer namely M. Narayanan, the statement recorded under Section 164 Cr.P.C. by the then Duty Magistrate by discarding his earlier recorded statement, wherein it was stated that he was under the pressure and threat from the side of accused persons. His fresh statement was recorded on 08.05.2018. In the subsequent statement, he brought certain new facts with an improved version. Petitioner moved an application under Section 311 Cr.P.C. as he was aggrieved by the subsequent statement of PW-31 Khatta Singh with a prayer to recall Shri M. Narayanan (PW-60), the Investigating Officer to verify the confrontation/improvements made by PW-31 Khatta Singh. Said application was dismissed vide order dated 06.06.2018 (impugned order). Similar application under Section 311 Cr.P.C. was also moved in the other case i.e. RC No.10(S)2003/CBI/SCB/Chandigarh, which was also dismissed vide order dated 05.06.2018 (impugned order). Both said impugned orders are subject matter of challenge in the present petitions.