UPENDRA KUMAR SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the C.B.I.

(2.) In this application filed under section 482 of the Code of Criminal Procedure (in short 'the Code'), the petitioner seeks quashing of the order dated 11.03.2015 passed by the learned Special Judge, C.B.I.-III, Patna, whereby the learned Judge, exercising his power under section 91 of the Code, has allowed the prayer of the C.B.I. for bringing on record two letters dated 08.06.2001 and 23.07.2001 in connection with Special Case No. 05 of 2001 arising out of R.C. No. 08(A)/01.

(3.) It has been contended that the aforesaid police case was registered against the petitioner on 08.06.2001 and, on completion of investigation, charge sheet was submitted on 13.11.2001. Thereafter, charge was framed against the petitioner and the prosecution has examined altogether nine witnesses while the 10th witness U.S.Agrawal is being examined. At this belated stage, the C.B.I. filed an application on 26.06.2014 whereby a prayer was made to summon the letters dated 08.06.2001 and 23.07.2001 under section 91 of the Code. It has been contended that, as a matter of fact, the prosecution is trying to fill in the lacuna in the case, which cannot be permitted to do so at the fag end of the case where most of the witnesses have been examined and evidence of defence has been closed. It has further been contended that the letter dated 23.07.2001 does not find mention either in the First Information Report or in the charge sheet submitted by the investigating agency and as such the prosecution cannot be allowed to improve its case and thereby bring on record the documents which are not part of the record.