Full Text
Translation output
$-21.
HIGH COURT OF DELHI
W.P. (CRL.) 1902/2013
A K CHATURVEDI
Through
HIGH COURT OF DELHI
W.P. (CRL.) 1902/2013
A K CHATURVEDI
Through
VERSUS
Petitioner Mr.Parag Tripathi and Ms.Anuradha Dutt, Senior Advocates with Mr.B.R.
Menon, Mr.Ashwani Kumar, Mr.Anish Kapur, Mr.Munindra Dwivedi and
Mr.Varun Mishra, Advs. CBI .....Respondent
Through : Mr.P.K. Sharma, Standing counsel for
CBI along with Mr.Bakul Jam, Adv.
Menon, Mr.Ashwani Kumar, Mr.Anish Kapur, Mr.Munindra Dwivedi and
Mr.Varun Mishra, Advs. CBI .....Respondent
Through : Mr.P.K. Sharma, Standing counsel for
CBI along with Mr.Bakul Jam, Adv.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
19.11.2013
19.11.2013
CRL.M.A. 17349/2013
Exemption allowed subject to all just exceptions.
Application stands disposed of.
Exemption allowed subject to all just exceptions.
Application stands disposed of.
W.P. (CRL.) 1902/2013 & CRL.M.A. 17348/2013 (STAY).
Present petition is directed against the order dated 12.9.2013, which was passed by learned Special Judge (PC Act), CBI-02, New Delhi, on an application filed by the petitioner herein under Section 91 Cr.P.C.
In the aforesaid application, a direction was sought to the CBI to place on record letter dated 29.1.2007 to enable the petitioner to confront the prosecution witness during cross-examination.
Learned senior counsel for the petitioner submits that learned trial court has while rejecting the application returned a finding that this document is not a relevant document, which would have far reaching
2013:DHC:7511 consequences on the defence of the petitioner as the petitioner and moreover, in law, petitioner is entitled to confront the witnesses of the prosecution with the letter dated 29.1.2007 and also rely on the said letter at the stage of leading defence witness.
Notice. Learned standing counsel for the CBI accepts notice and submits that at the stage of evidence of the prosecution the petitioner cannot seek production of the letter dated 29.1.2007 as it is for the prosecution to lead evidence in the manner if the petitioner so chooses.
Standing counsel further submits that, however, it would be open for the petitioner to confront the witness or to produce the said letter in defence evidence in accordance with the Evidence Act.
In view of the stand taken by counsel for the parties, present petition stands disposed of. However, it is clarified that the observations made in the order dated 12.9.2013 with regard to relevancy of the letter dated 29.1.2007 will not come in the way of the petitioner to confront the witness of the prosecution and also to rely on the said letter at the time of leading defence evidence.
With the above observations, present petition stands disposed of.
DASTI to the parties, as prayed.
S SI STAN1T NOVEMBER 19, 2013 msr a
Present petition is directed against the order dated 12.9.2013, which was passed by learned Special Judge (PC Act), CBI-02, New Delhi, on an application filed by the petitioner herein under Section 91 Cr.P.C.
In the aforesaid application, a direction was sought to the CBI to place on record letter dated 29.1.2007 to enable the petitioner to confront the prosecution witness during cross-examination.
Learned senior counsel for the petitioner submits that learned trial court has while rejecting the application returned a finding that this document is not a relevant document, which would have far reaching
2013:DHC:7511 consequences on the defence of the petitioner as the petitioner and moreover, in law, petitioner is entitled to confront the witnesses of the prosecution with the letter dated 29.1.2007 and also rely on the said letter at the stage of leading defence witness.
Notice. Learned standing counsel for the CBI accepts notice and submits that at the stage of evidence of the prosecution the petitioner cannot seek production of the letter dated 29.1.2007 as it is for the prosecution to lead evidence in the manner if the petitioner so chooses.
Standing counsel further submits that, however, it would be open for the petitioner to confront the witness or to produce the said letter in defence evidence in accordance with the Evidence Act.
In view of the stand taken by counsel for the parties, present petition stands disposed of. However, it is clarified that the observations made in the order dated 12.9.2013 with regard to relevancy of the letter dated 29.1.2007 will not come in the way of the petitioner to confront the witness of the prosecution and also to rely on the said letter at the time of leading defence evidence.
With the above observations, present petition stands disposed of.
DASTI to the parties, as prayed.
S SI STAN1T NOVEMBER 19, 2013 msr a
W.P. (CRL.) 1902/2013 2/2
2013:DHC:7511
2013:DHC:7511
JUDGMENT