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2023 Supreme(SC) 1114

VIKRAM NATH, RAJESH BINDAL
State of Karnataka – Appellant
Versus
T. Naseer @ Nasir @ Thandiantavida Naseer @ Umarhazi @ Hazi – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Aman Panwar, AAG Mr. D. L. Chidananda, AOR
For the Respondent(s): Mr. Balaji Srinivasan, AOR Mr. Radha Shyam Jena, AOR

JUDGMENT :

RAJESH BINDAL, J.

1. Leave granted.

2. Vide order1 [Dated 27.01.2022] passed by the High Court2 [High Court of Karnataka at Bengaluru] in Criminal Petition No. 2585 of 2019 filed by the appellant-State, an order dated 18.01.2018 passed by the Trial Court3 [XLVIII Additional City Civil and Sessions Judge (Special Court for Trial of CBI Cases) City Civil Court, Bangalore] was upheld. Vide the aforesaid order an applications4 [S.C. Nos. 1480/2010 and 1481/2010] filed by the prosecution under Section 311 of the Cr.P.C.5 [The Code of Criminal Procedure, 1973] seeking recall of M. Krishna (PW-189) and permit the prosecution to produce the report and the certificate under Section 65B of the Act6 [The Indian Evidence Act, 1872] was rejected.

3. Genesis of the trial is that in a serial bomb blasts which took place in Bangalore on 25.07.2008, one woman lost her life whereas several persons were injured. Several FIRs were registered at Madivala7 [Criminal Case No. 483/2008], Koramangala8 [Criminal Case No. 297/2008], Byatarayanapura9 [Criminal Case No. 314/2008], Kengeri10 [Criminal Case No. 117/2008], Ashokanagar11 [Criminal Case No. 260/2008 and 261/2008], Sampangirama12 [Criminal Ca

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