SUBRAMONIUM PRASAD
Chand – Appellant
Versus
Central Bureau Of Investigation – Respondent
JUDGMENT
Subramonium Prasad, J. - This petition under Section 482 Cr.P.C is directed against the order dated 22.02.2021, passed by Special Judge (PC Act), Rouse Avenue Courts, rejecting the application filed by the petitioner herein under Section 311 Cr.P.C, seeking permission to engage a handwriting expert.
2. Material on record discloses that on the directions of this Court, FIR No. RC NO-DST/2005/S-010 dated 14.12.2005 was registered at Police Station CBI/STF/NEW DELHI for offences under Section 120B, 420, 511, 468, 471 of the Indian Penal Code (hereinafter referred to as "IPC") read with Section 13(2), 13(1)(d) of the Prevention of Corruption Act (hereinafter referred to as "the PC Act") against seven accused in relation to reviving Narmad Cooperative Group Housing Society on the basis of forged and fabricated documents with the object to get land allotted in the name of the society by the DDA at reserve price which is at 1/6th or 1/7th of the market rate causing wrongful gains to the accused and corresponding loss to the DDA.
3. The charge sheet was filed on 29.11.2006 and charges were framed on 18.02.2011. The trial has begun. The prosecution has concluded its evidence. When fin
The power under Section 311 Cr.P.C should be exercised with care and caution, and not as a tool to procrastinate the trial.
The handwriting expert's report cannot be discarded if it pertains to a relevant aspect of the matter, and the accused has the opportunity to challenge the report.
The limited right of the complainant in the proceedings and the jurisdiction to conduct the prosecution.
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