NITA DEEP RASTOGI Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The petitioner is an accused along with others in a case pending before the learned Special Judge, Shimla. She has filed petition under Sec. 482 Cr.P.C for setting aside the order dtd. 9/3/2012 passed by learned Special Judge, Shimla, in Case No. 6-S/7a/2008 only to the extent of directing the petitioner to lead her defence evidence till the decision of the application under Sec. 232 Cr.P.C filed by the petitioner. A direction has also been sought to learned Special Judge to decide the application under Sec. 232 Cr.P.C of the petitioner

(2.) The facts, in brief, are that petitioner is an accused in Corruption Case No. 6-S/7 of 2008. On 6/3/2010, the learned Special Judge framed charge against the petitioner which was assailed by the petitioner in Criminal Revision Petition No. 167/2010, which was decided by the High Court on 25/5/2011 with the following directions/observations:-

(3.) It has been stated that prosecution has examined all the witnesses in the case. The learned Special Judge recorded the statements of all the accused under Sec. 313 Cr.P.C The petitioner immediately filed an application under Sec. 232 Cr.P.C for seeking acquittal on the ground of no evidence against the petitioner. The said application was heard by learned Special Judge on 9/1/2012 and the case was adjourned to 9/3/2012 for further arguments. The learned Special Judge on 9/3/2012 was pleased to direct all the accused to lead their defence evidence including the petitioner.