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2017 Supreme(Del) 3120

S.P.GARG
Natasha Singh – Appellant
Versus
CBI (State) – Respondent


Advocates Appeared:
For the Petitioner:Mr. Dinesh Mathur, Sr. Advocate with Mr. S.K. Saxena, Mr. Kawal & Mr. Rohit, Advocates
For the Respondent:Ms. Rajdipa Behura, SPP with Ms. Garima Singh Yadav, Advocate

JUDGMENT :

S.P. GARG, J.

1. Present petition under Section 482 Cr.P.C. has been preferred by the petitioner to challenge the legality and correctness of an order dated 05.10.2013 of learned Addl. Sessions Judge/Special Judge in CC No. 42/2001 whereby DW-6 (V.C.Mishra) examined in defence by the petitioner was not permitted to give evidence to render his opinion upon the report given by PW-32 (S.L.Mukhi).

2. Briefly stated, the facts of the case are that the petitioner along with others was facing trial before Special Judge, CBI. On 21.01.2013, the prosecution closed its evidence after examining 52 witnesses; it included PW-32 (S.L.Mukhi), retired Principal Scientific Officer, CFSL, New Delhi, a handwriting expert who prove his report (Ex.PW-32/L) and opined that the questioned signature at point Q-7 in Ex.PW-32/L was that of the petitioner. After recording 313 Cr.P.C. statement, the petitioner examined DW-2 (Sudhir Kumar) in her defence and the case was listed for final arguments for 05.03.2013. Subsequently, on 05.03.2013, an application under Section 311 Cr.P.C. filed by the petitioner was dismissed on 16.03.2013. Crl.M.C. 1324/2013 to impugn the said order resulted in its dismissal






















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