RAJDEO SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application for quashing the order dated 7.12.99 passed by the Special Judge, CBI, South Bihar, Patna, allowing the prayer of CBI, the opposite party, to adduce evidence.

(2.) BEFORE adverting to the discussion of rival contentions of the parties it is necessary to state the facts in brief giving rise to this application.

(3.) ON receipt of the copy of the aforesaid judgment the Special Judge, CBI, South Bihar, Patna, on 30.10.1998 closed the case of prosecution and fixed the case on 2.11.1998 for recording the statements of petitioner under section 313 Cr.P.C. (Annexure -1). After the examination of petitioner under section 313 Cr.P.C. the case was adjourned for hearing arguments which were finally heard on 9.4.1999 and thereafter the case was adjourned to 19.4.1999 for filing written arguments. In the mean time, CBI filed a petition before the Supreme Court for clarification/modification of the directions given earlier in the case of petitioner. This petition was numbered as Cr. Misc. Petition No. 2326 of 1999 and it was decided on 22.9.1999 [reported in (1999)7 SCC 604]. The Supreme Court in its subsequent judgment clarified the directions given in the previous judgment. For the purpose of this application the relevant directions are following: