Vinod Kumar Aggarwal @ Lalu v. State (Govt. Of NCT Of Delhi) & ORS.

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2353/2019 VINOD KUMAR AGGARWAL @ LALU ..... Petitioner Through:

Mr. Y.D. Nagar, Advocate

Versus

STATE (GOVT. OF NCT OF DELHI) & ORS. ... Respondents Through:

Dr. M.P.Singh, Additional Public Prosecutor for respondent-State with SI Bijender Singh

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 01.05.2019 Crl.M.A. 9343/2019 Allowed subject to all just exceptions.

CRL.M.C. 2353/2019 & Crl.M.A. 9342/2019 (stay) Petitioner is a witness in FIR No. 51/2014, under Section 8 of Prevention of Corruption Act, 1988 r/w Section 419/120-B of IPC, registered at Anti Corruption Branch, GNCT Delhi, who is aggrieved by trial court's proceedings of 16th April, 2019 (Annexure P-3), as he has been declared hostile and is sought to be cross-examined by learned Additional Public Prosecutor for respondent-State. Counsel for petitioner submits that petitioner had not made any statement under Section 161 Cr.P.C. and so, there was no occasion to declare petitioner as a hostile witness, because petitioner has given Page | 1

truthful version before the trial court.

Upon hearing and on perusal of Annexure P-3, I find that evidentiary value of petitioner's evidence is not required to be tested at this stage. It would be premature to do so. Let petitioner appear before the trial court for his cross-examination by the learned Additional Public Prosecutor for respondent-State.

Finding no substance in this petition, it is dismissed. Application for stay is dismissed as infructuous.

(SUNIL GAUR) JUDGE MAY 01, 2019 r Page | 2