LALU PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has challenged the order dated 1.4.2003 passed by the Special Judge, C.B.I., Patna, in Special Case No.5 of 1998, rejecting his prayer to issue summon to Shri A. P. Dorai as a defence witness.

(2.) THE petitioner is facing prosecution in the aforesaid case for the offences under section 13(2), read with 13(1) (c) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the Act). The said case was registered on 19.8.1998 with the allegation that the petitioner was found to be in possession of assets, disproportionate to his known source of income, worth Rs. 42,52,193/ - approximately. The Police in the aforesaid case submitted charge -sheet on 4.4.2000 against the petitioner and his wife Rabri Devi and after cognizance trial proceeded.

(3.) THEREAFTER , the court considered the matter on 5.1.2002. The court below allowed the examination of 117 defence witnesses in total out of the list of 207 witnesses on different heads. It directed to select the persons of choice to be examined as witness on the point within total number of 117 witnesses. The relevant portion of the said order runs as follows : "After careful consideration of the points, I find it just and proper that the number of witness required to be examined on the respective points by the defence will be in following order. They are directed to limit the number of witnesses on the respective points as stated below, in the order. They are at liberty to select the persons of their choice to be examined as witness on the points within the number given below."