PARVEEN KUMAR SAREEN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner, Dr. Parveen Kumar Sareen, who is one of the 13 accused facing trial in respect of two FIRs, the details of which are being stated below, being aggrieved by order dated 14.3.2018 passed by Court of Additional Sessions Judge, Amristsar, dismissing his application filed under section 216 and 217 of Cr.P.C., seeking amendment of the charge-sheet, has challenged the same by way of filing present petition.

(2.) The matter arises out of the infamous 'kidney scam', which rocked State of Punjab about 15 years back leading to lodging of two FIRs. A gist of the said a FIRs may be stated as follows:

(3.) The aforesaid matters were investigated and upon filing of final reports against the accused, charges were framed against the accused in both the cases. The petitioner had moved an application seeking his discharge in the FIR No. 25 1.2.2003 but the said application was dismissed by the learned trial Court vide order dated 2.8.2004 (Annexure P-6) which was assailed by the petitioner by way of filing Criminal Revision No. 2169 of 2004 in this Court which was also dismissed by this Court vide order dated 6.4.2005 (Annexure P-8). Aggrieved with dismissal of the revision petition, the petitioner preferred an appeal in Hon'ble Supreme Court i.e. Criminal Appeal No.1844 of 2011, but Hon'ble the Apex Court upheld the framing of charges vide order dated 2.11.2017, while being aware that it was a case of two separate trials. The relevant observations recorded therein read as under: