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JASMEET SINGH
Dushyant Kumar – Appellant
Versus
Central Bureau Of Investigation – Respondent
ORDER
1. This is a petition seeking setting aside of the rejection of questions by the Court of Special Judge, PC Act, CBI-04, Rouse Avenue Courts, New Delhi during the cross-examination of witness PW-08 on 26.11.2021.
2. Further, the petitioner has sought a direction to the Court of Special Judge, PC Act, Rouse Avenue Courts not to decline questions which are relevant to the subject matter of the trial.
3. Mr. Mendiratta, learned counsel for the petitioner, has relied upon the judgment of 'Bipin Shantilal Panchal vs. State of Gujrat', (2001) 3 SCC 1 and more particularly para 12, 13 and 14 which read as under:
12. As pointed out earlier, on different occasions the trial Judge has chosen to decide questions of admissibility of documents or other items of evidence, as and when objections thereto were raised and then detailed orders were passed either upholding or overruling such objections. The worse part is that after passing the orders the trial court waited for day and weeks for the parties concerned to go before the higher courts for the purpose of challenging such interlocutory orders.
13. It is an archaic practice that during the evidencecollecting stage, whenever any objection is
Objections regarding the admissibility of evidence should be decided at the final stage in the final judgment.
The fundamental principle of law of evidence that a witness proposed to be examined should not be present in the Court during the cross-examination of another witness, and the trial court's obligatio....
It is an archaic practice that during the evidence- collecting stage, whenever any objection is raised regarding admissibility of any material in evidence the court does not proceed further without p....
The relevancy and admissibility of documents should be adjudicated at the final stage of trials to enhance judicial efficiency and avoid unnecessary delays.
Accused have a right to represent themselves through a pleader but cannot cross-examine witnesses using non-advocates without court permission, ensuring procedural integrity.
A witness cannot be permitted to be cross-examined with regard to contents of documents exhibited during course of trial and same is to be seen by Trial Court at the time of final adjudication.
The court upheld the trial court's discretion to decline permission for cross-examination in question-answer format, emphasizing the directive nature of the Supreme Court's judgment and the witness's....
The main legal point established in the judgment is that oral evidence should not be struck off at the initial stage and should be considered on merits at the time of final hearing, in accordance wit....
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