NEUTRAL CITATION NUMBER 2023:DHC:2797

CRL.REV.P. 451/2018

Page 1 of 25

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved on: 27.01.2023

Pronounced on: 18.04.2023

+

CRL.REV.P. 451/2018 & CRL.M.A. 9623/2018

CENTRAL BUREAU OF INVESTATION ..... Petitioner

Through:

Mr. Jeevesh Nagrath, SPP with

Ms.

Monika

Prakash,

Advocate.

versus

S K GHOSH & ORS

..... Respondents

Through:

None.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

JUDGMENT

SWARANA KANTA SHARMA, J.

1.

The present revision petition under Sections 397/401 read with

Section 482 of the Code of Criminal Procedure, 1973 (hereinafter

‘Cr.P.C.’) has been filed by the petitioner i.e. Central Bureau of

Investigation (hereinafter ‘CBI’) assailing the orders dated 05.03.2018

and 31.03.2018 passed by learned Special Judge (P.C. Act), CBI,

Karkardooma Courts, New Delhi (hereinafter ‘Trial Court’) in case

bearing CBI No. 31/2016 arising out of RC No. 57(A)/1999, registered

at CBI, ACB, New Delhi whereby learned Trial Court had directed

CBI/petitioner to prepare a draft of incriminating evidence for putting

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:26.04.2023

14:22:47

Signature Not Verified

NEUTRAL CITATION NUMBER 2023:DHC:2797

CRL.REV.P. 451/2018

Page 2 of 25

questions to the accused persons for examination under Section 313 of

Cr.P.C and had consequently imposed cost upon CBI/petitioner for not

filing the incriminating evidence.

2.

In a nutshell, the present case was registered on the basis of

source information that accused Sh. S.K. Gosh, while being employed

as Chief Managing Director at Bharat Aluminium Company Limited

(BALCO) during the year 1998-99, had hatched a criminal conspiracy

with co-accused (i) Sh. P.C. Aggarwal, Director (Commercial),

BALCO, (ii) Sh. G.S. Sandhu, General Manager (C&E), (iii) Sh.

Parveen N. Shah, Director, Anish Metals Pvt. Ltd. and (iv) Sh. Kirti

Shah, Director, Anish Metals Pvt. Ltd., in order to cause wrongful

pecuniary loss to BALCO and to misuse his official position as a public

servant for obtaining unlawful gain to co-accused persons namely Sh.

Parveen N. Shah and Sh. Kirti Shah.

3.

After completion of investigation, charge-sheet was filed before

the learned Trial Court under Sections 420/120B of Indian Penal Code,

1860 and Section 13(2)/13(l)(d) of Prevention of Corruption Act, 1988

and charges were framed against the accused persons on 03.01.2012.

During the course of trial, the prosecution examined 23 prosecution

witnesses and the matter was fixed for examination of accused persons

under Section 313 Cr.P.C. for 04.01.2018.

4.

By way of present petition, it is submitted by the petitioner that

on 04.01.2018, learned Trial Court had verbally directed CBI to submit

draft questions containing incriminating evidence two days prior to the

next date of hearing which was 20.01.2018. It is stated that 61 draft

questions were submitted by the concerned Prosecutor which were then

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:26.04.2023

14:22:47

Signature Not Verified

NEUTRAL CITATION NUMBER 2023:DHC:2797

CRL.REV.P. 451/2018

Page 3 of 25

supplied to the accused persons also on 20.01.2018, and the matter was

fixed for further examination on 03.02.2018. Thereafter, on the next

date, draft of question number 62 to 104 was submitted by CBI to the

learned Trial Court, however, the Court had observed that the speed of

projecting incriminating evidence was too slow on the part of CBI and

had directed that entire incriminating evidence be filed before the next

date of hearing.

5.

It is stated that the prosecution could not file the draft of entire

incriminating evidence on 05.03.2018, as the concerned Prosecutor was

on leave due to the reason that his son had suffered head injury and due

to his engagement in other official assignments. It is also stated that in

the same Court, there were total four cases which were getting fixed for

recording the statem