C B I v. Balbir Sharma & ANR

$~29 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P. 644/2016 C B I ..... Petitioner Through:

Ms. Rajdipa Bahura, SPP with Mr.

Philomon Kani, Ms. Kriti Handa, Ms.

Karnika Singh and Mr.

Vignaraj Pasayat, Advs.

versus BALBIR SHARMA & ANR ..... Respondents Through:

Mr. Gaurav Sharma, Adv.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 13.07.2017 Petitioner filed an application under Section 173(5) of the Code of Criminal Procedure, 1973 for placing additional documents, that is, attested copy of account opening form of saving bank account bearing no. 15515 of accused Vinay Kumari (A-9).

This account opening form was not filed along with the complaint case and was sought to be placed on record subsequently during the trial.

Application has been dismissed vide order dated 4th July, 2016, which is impugned in this petition. Trial court Judge has noted that Vinay Kumari (A-9) had admitted the transaction in respect of the saving bank account no. 15515, pertaining to her, during the admission/denial of the documents conducted under Section 294 Cr.P.C.

Accordingly, account opening form was not significant as accounts details had already been admitted by the accused (A-9) during the admission/denial process. I do not find any illegality or irregularity in the view taken by the trial court.

Even during the hearing of this petition, counsel for the respondents has admitted that transaction in respect of the saving account no. 15515 was not in dispute as the statement of accounts was admitted during the admission/denial of the documents. Petition is dismissed.

A.K. PATHAK, J.

JULY 13, 2017 ga