BAIJ NATH GARG Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this criminal revision petition under Sec. 397 read with Sec. 401 Crimial P.C., revisioner-petitioner-accused has challenged the order dated 04.06.2012 passed by Special Judge, CBI Cases No. 2, Jaipur(hereinafter referred to as 'the Trial Court') whereby the application of the petitioner-accused dated 17.01.2011 for providing copy of documents etc. was dismissed.

(2.) Heard learned counsel for the accused-petitioner as well as learned Special Public Prosecutor appearing on behalf of the respondent-CBI and also perused the impugned order dated 04.06.2012 and material available on record.

(3.) Learned Senior Counsel appearing on behalf the revisioner-petitioner has contended that learned Trial Court in its previous order dated 01.02.2011 adjudicated the fact that documents enlisted at Serial No. 9, 11 to 13 and 15 are not attached with this case No. 31/2011. Learned Trial Court has committed an error of law by altering its own previous order dated 01.02.2011. Trial Court has committed an error by reopening the issue of whereabouts of the said documents and reversing the previous adjudication, therefore, the impugned order is illegal and deserves to be quashed and set aside. So, it is prayed that impugned order dated 04.06.2012 be quashed and set aside and the Trial Court be directed to decide the application dated 17.01.2011 afresh in accordance with law and the documents exhibited 9, 11 to 15 be not taken on record and be not read as admissible evidence.