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2013 Supreme(Del) 276

G.P.MITTAL
Ram Singh – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates appeared:
For the Petitioners:V.K. Anand, Manoj Tomar, Advocates.
For the Respondent:Dayan Krishnan, Special PP & ASC, Manvi Priya, Advocate.

Judgment

G.P. Mittal, J.

1. The Petitioners invoke inherent powers of this Court under Section 482 of the Code of Criminal Procedure(“Code”) for setting aside of the order dated 08.02.2013 passed by the learned Additional Sessions Judge(“ASJ”) whereby the Petitioners’ prayer for confronting PW1(the complainant) with his previous statement, that is, interview telecast on Zee News on 04.01.2013 was rejected by the learned ASJ on the grounds, first that the interview being in violation of Section 327(3) of the Code was illegal, thus it could not be used as any evidence or previous statement to confront PW1 with the same and, second on the ground that the Press interview given to any news channel cannot be attached to any weight or credibility and thus, the Courts should not take the same into consideration for any purpose whatsoever.

2. Relying on Bipin Shantilal Panchal v. State of Gujarat & Anr., (2001) 3 SCC 1, the sole ground urged by Mr. V.K. Anand, the learned counsel for the Petitioners, at the time of hearing the Petition, is that if there was any objection as to the admissibility of the video CD containing the interview, the same ought to have been recorded by the learned ASJ a



































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