Soumitra Kumar Nahar v. Cenltral Bureau Of Investigation

$~47 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3039/2018 & CRL.M.A. 10695/2018 SOUMITRA KUMAR NAHAR ..... Petitioner Through:

Mr. Attin Shankar Rastogi, Adv.

versus CENLTRAL BUREAU OF INVESTIGATION ..... Respondent Through:

Mr. Anupam S. Sharma, SPP with Mr. Prakarsh Arian & Mr. Ankit Vashist, Advs.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 19.07.2018 In the prosecution against the petitioner at the instance of the respondent on the charge under Section 25(2) of Antiquities & Art Treasures Act, 1972, the trial began with notice under Section 251 Cr.P.C. issued on 22.07.1999. The trial is still not concluded. The evidence of defence to be adduced by the petitioner was closed earlier.

By an application moved, the petitioner sought additional opportunity for defence evidence to examine Dr. V.P. Singh, In charge (Chemical Division) from the office of Deputy Director General, NCERG Division, Geological Survey of India, Faridabad as an additional witness taking cue from the statement earlier made by a defence witness N.K. Garg (DW-1).

The Chief Metropolitan Magistrate presiding over the trial on 24.04.2018 declined the said opportunity.

The said order is under challenge by the petition under Section 482 Cr.P.C. at hand. CRL.M.C. 3039/2018

The respondent has accepted notice and by oral submission resists the petition.

During the course of hearing, however, the counsel for the petitioner seeks permission to withdraw the present petition seeking opportunity, however, to approach the afore-mentioned person described by him as an expert on the subject, to obtain a report of his opinion on the issues which are sought to be raised and thereafter request him to appear as a witness on his own at the instance of the petitioner, without any insistence on process to be issued by the court. In the above facts and circumstances, the revised prayer deserves to be granted, though with a caution that the opinion, if granted by the afore-mentioned person, must come on the record of the trial court within four weeks hereof. In the event of such report being submitted within the specified period, the trail court will permit the petitioner to examine the said person as witness in defence on date to be fixed for such purpose. Allowed accordingly. With these directions, the petition and the pending application are disposed of.

R.K.GAUBA, J.

JULY 19, 2018 srb CRL.M.C. 3039/2018