Central Bureau of Investigation v. Ravi Dutt Pathak

SANGITA DHINGRA SEHGAL, J. DECEMBER 8, 2017 /gr//

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL. M. C. 4417/2017 & CRL.M.A.17696/2017(stay) Order reserved on: 28th November, 2017 Order pronounced on:8th December, 2017 CENTRAL BUREAU OF INVESTIGATION .….Petitioner Through: Mr. Anupam S. Sharma, SPP for CBI with Ms. Prachee Satija and Mr. Prakash Airan, Advocates. Versus RAVI DUTT PATHAK …..Respondent Through: Mr. N.B. Joshi, Advocate. CORAM: HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL 1. By way of the present petition filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.'), the petitioner seeks setting aside of order dated 31.07.2017 (hereinafter referred to as 'Impugned Order') passed by the Court of Additional Chief Metropolitan Magistrate (ACMM) (East), Karkadooma Courts, New Delhi, whereby the application under Section 311 Cr.P.C. filed by the petitioner for recalling of PW-17/Sh. R.K. Sharma for further examination was dismissed. 2. Brief facts of the present case are that a Regular Case bearing No.5(S)/2000/SCB-1/DLI was registered by the petitioner on 27.12.2000 against the respondent, upon a complaint dated 12.12.2000 referred by the Ministry of External Affairs relating to several forged complaints/letters addressed to the Ministry, various political personalities etc. regarding alleged irregularities in the functioning of B.P. Koirala Institute of Health Services, Dharan, Nepal (BPKIHS Project). The respondent who was the Private Secretary to the Chief Engineer (Project), was appointed on deputation in the BPKIHS Project by the Central Public Works Department (CPWD) amongst other officials. During investigation it was revealed that out of the 16 instances of forged complaints, three were engineered at the instance of the respondent. Search under Section 93 Cr.P.C. was conducted at the respondent's premises and voluminous incriminating documents were seized therefrom. Chargesheet was filed against the petitioner on 06.05.2002 under Sections 465/469/471 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC'). 3. The prosecution in all examined 18 witnesses. Final arguments were concluded by both the parties on 30.05.2017 and the matter was reserved for judgement for 05.07.2017. 4. In the meanwhile, the petitioner moved an application before the Trial Court under Section 311 Cr.P.C. for recalling PW17/Sh. R. K. Sharma for re-examination as he failed to prove his signatures on certain important documents. However the same was dismissed by the Trial Court vide order dated 31.07.2017. Hence the present petition. 5. Assailing the impugned order, Mr. Anupam S. Sharma, learned counsel for the petitioner contended that the impugned order of the Trial Court dismissing the application for recall filed by the petitioner is erroneous and bad in law; that PW-17 was a witness to the search conducted at the residential premises of the respondent on 04.04.2001; that PW-17 had missed to prove his signatures on certain seized documents which were also a part of the search memo dated 04.04.2001/Ex. PW 16/4 as the said documents were kept separately in another file of the Court Record and inadvertently could not be placed before the witness during examination; that the opinion tendered by the Government Examiner of Questioned Documents (GEQD) on the seized documents confirmed the culpability of the respondent in the commission of the alleged offence; that for the just decision of the prosecution case it is essential that permission be granted to re-call and re-examine the said witness so that the above mentioned remaining documents could also be examined and exhibited. 6. In support of his contentions, the learned counsel for the petitioner has relied upon the judgements in Rajendra Prasad v Narcotic Cell Through Its Officers In-Charge, Delhi reported in AIR 1999 SC 2292, Zahira Habibullah H. Sheikh v State of Gujarat reported in (2004) 4 SCC 158, and P Chhaganlal Daga v. M. Sanjay Shaw reported in (2003) 11 SCC 486. 7. Per Contra, Mr. N