Rakesh Jain VS Central Bureau of Investigation

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

ARVIND SINGH SANGWAN
Rakesh Jain – Appellant
Versus
Central Bureau of Investigation – Respondent

Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Siddharth Pandit, Advocate
For the Respondent:Ms. Shubhra Singh, Advocate

JUDGMENT (ORAL)

Arvind Singh Sangwan, J.—Prayer in this petition is for setting aside the order dated 23.05.2022 passed by the Special Judge, CBI Court, U.T. Chandigarh, vide which an application filed by the petitioner-accused for granting permission to cross-examine PW40 Karan Singh Rana, in question-answer format, was declined.

2. Brief facts of the case are that FIR No.RCCHG2013A0011 dated 29.05.2013 under Section 109 IPC and Section 13(1)(e) read with Section 13(2) of Prevention of Corruption Act, was registered at Police Station CBI, ACH, Chandigarh against the petitioner on a complaint given by Inspector Ravinder Kush, CBI, ACB, Chandigarh and the petitioner-accused was caught redhanded by CBI, while demanding and accepting bribe of Rs.50,000/-. While recording statement of PW40 K.S. Rana, Investigating Officer, who conducted the investigation in part, an application was moved for granting permission to cross-examine him in question-answer format, however, the trial Court dismissed the application, by passing the following order:—

“I have heard the learned counsel for the accused and learned Senior Public Prosecutor for the CBI and also gone through the cited case law.