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2012 Supreme(Del) 2454

SURESH KAIT
State (Govt. of NCT of Delhi) – Appellant
Versus
Sandeep Tyagi – Respondent


For the Petitioner:S.K. Saxena, Spl. PP., For the Respondents:K.K. Manan, Mr. Nipun Bhardwaj, and Mr. Vishal Sangwan, Advocates.

JUDGMENT :

1. The instant petition is being filed while assailing the order dated 24.05.2010, whereby the learned Trial Judge dismissed the application of the State filed under Section 138 of the Evidence Act for reexamination of the two witnesses.

2. Ld. Spl. Public Prosecutor appearing on behalf of the petitioner/State submits that after the dismissal of the aforesaid application, a petition under Section 408 of the Cr.PC was filed before the District Judge, Tis Hazari Courts, Delhi for transferring the trial of the case from the Court of A.S.J., Dwarka, New Delhi to any other Sessions Court, and the same was allowed.

3. Vide the aforesaid application filed by the State under Section 138 of the Evidence Act, it is stated that PW-14 has produced the mini digital video cassettes and two CDs before the IO, who after preparing the transcripts, seized the same. The fact regarding the handing over of the two copies of the CDs is also required to be asked from him.

4. It is further stated that PW-15 Sushil Kumar recorded the conversations between the kidnapers and the family members of the deceased in a mobile phone. The said instrument along with the memory card and charger were seized by













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