KRISHAN LAL Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The petitioner has approached this Court challenging order dated 10.12.2019 passed by learned Special Judge (CBI), Haryana whereby an application filed on behalf of the petitioner/accused seeking transfer of the case arising out of RC-8(S)/2003/SCB/CBI/CHG dated 9.12.2003 titled as CBI v. Baba Gurmeet Ram Rahim Singh and Others, to any other Court of competent jurisdiction has been dismissed.

(2.) Learned counsel for the petitioner, while assailing impugned order, has submitted that present case arising out of RC-8/2003 as well as another case regarding another murder in respect of which RC- 10(S)/2003/SCB/CBI/CHG dated 9.12.2003 was registered, infact had arisen from a statement of Khatta Singh recorded in terms of Section 164 Cr.P.C. and who has also appeared as witness in both these cases. It has been submitted that while trial in respect of RC-10/2003 stands concluded wherein accused have been convicted, the trial in respect of present case arising out of RC-8/2003 is still pending.

(3.) Learned counsel has submitted that the entire case of the prosecution is mainly based on the testimony of PW-Khatta Singh and since the Presiding Officer of the Court concerned while deciding the trial arising out of RC-10/2003 has heavily relied upon the statement of aforesaid Khatta Singh and also on his statement recorded in terms of Section 164 Cr.P.C., there is every likelihood that a similar opinion is likely to be formed in the present case based on testimony of aforesaid Khatta Singh who had been held to be reliable witness in the other case.