HAMIDULLAH TRALI Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER -accused has filed this Criminal Revision questioning Special Judge, Anti -Corruption, Kashmir -Srinagars Order of July 26, 2008 in so far as it, allows prosecutions application and directs summoning of Sh. Brij Mohan Vij for his examination under Section 540 of the Code of Criminal Procedure.

(2.) PETITIONERS learned counsel submits that summoning of Brij Mohan Vij would result in filling up the lacuna in the prosecution case and the order passed by the learned Special Judge was, thus, unjustified.

(3.) LEARNED State Counsel, on the other hand, justifies the impugned order on the ground that the production of Brij Mohan Vij, as witness in the case, was necessary to serve the cause of justice in establishing that the petitioner -accused was, in fact, the purchaser of the Flat in question, in view of the statements of the enlisted prosecution witnesses, namely; L.P.Rehani and his wife who had disclosed, during the course of their examination that the land on which the Flat had been constructed, had been sold by them to one Brij Mohan Vij, who had constructed Flats thereon and it was only Brij Mohan Vij who had sold the Flat in question to the son of the petitioner, and in this view of the matter no interference with the order impugned in the petition may be warranted under law.