Om Prakash Dhakolia v. Central Bureau Of Investigation ( CBI)

I-19 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 29th June, 2015 + CRL.M.C. 2555/2015 & Crl.M.A.Nos.9089-90/2015 OM PRAKASH DHAKOLIA ..... Petitioner Through:

Mr. Satish Pandey, Advocate versus CENTRAL BUREAU OF INVESTIGATION ( CBI) ..... Respondent Through:

Ms.Sonia Mathur, Special Public Prosecutor for CBI with Mr. Sushil Dubey, Advocate

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

JUDGMENT

% (ORAL) Petitioner is facing trial in CC No.33/12, CBI Vs. Om Prakash Dhakolia for the offences under Sections120B/420/468/471 of the IPC read with Section 13 (i) (d) & 13 (2) of The Prevention of Corruption Act, 1981 and vide impugned order of 11th February, 2015, his application under Section 311 of the Cr.P.C. for recalling of Investigating Officer (PW-21) has been declined by the trial court while noting that Investigating Officer (PW-21) is a formal witness. Notice.

On behalf of respondent-CBI, it is submitted that the Investigating Officer (PW-21) was discharged in pre-lunch session when counsel for Crl.M.C.No.2555/2015

petitioner was not available.

Upon hearing and on perusal of the impugned order of 11th February, 2015, I find that Investigating Officer (PW-21) cannot be said to be a formal witness and for the lapse on the part of petitioner's counsel, petitioner ought to be put to terms. In view of the aforesaid, this petition is allowed and impugned order of 11th February, 2015 dismissing petitioner's application under Section 311 of the Cr.P.C. is hereby quashed subject to cost of `25,000/- to be deposited with the Prime Minister's Relief Fund within a week and upon placing on record its original receipt before the trial court, one effective opportunity be given to petitioner to cross-examine Investigating Officer (PW-21).

This petition and applications are disposed of in aforesaid terms. Trial court be apprised of this order forthwith. (SUNIL GAUR) JUDGE JUNE 29, 2015 r Crl.M.C.No.2555/2015