Gurmeet Ram Rahim Singh v. Central Bureau Of Investigation Chandigarh

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Crl. Revision No. 16 of 2016 (O&M) Date of Decision: July 18, 2017.

Sant Gurmeet Ram Rahim Singh ..........PETITIONER(s).

VERSUS

Central Bureau of Investigation ........RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. S.K. Garg Narwana, Senior Advocate with Mr. Naveen Gupta, Advocate for the petitioner (s).

Mr. Sumeet Goel, Advocate Retainer counsel for respondent-CBI with Mr. S.S. Yadav, DAL CBI.

******* SURINDER GUPTA, J.(Oral) This revision petition has been filed by the petitioner against the order dated 24.12.2015 passed by Special Judge (CBI), Haryana at Panchkula, whereby the application filed by petitioner to send original specimen handwriting and signatures of prosecutrix in another case pending against the petitioner, was declined.

2.

Petitioner vide application dated 03.10.2015 sought the relief with regard to the original and specimen handwriting and signature of prosecutrix taken in RC-5(S)2002/SIU-XV/CBI/CHG dated 12.12.2002 along with original letter Ex.DW22/1 exhibited in this case as Ex.DW18/1

-2as follows:- "It is therefore respectfully prayed that the application may kindly be allowed and the original specimens of handwriting and signatures of xxxxx (prosecutrix)xxxxx taken in RC-5(s)/2002/SIUXV/CBI/CHG dated 12.12.2002 along with original letter Ex.DW22/1 (in this case certified copy of letter Ex.DW22/1 is exhibited as Ex.DW18/1). Progress report Ex.DA (in this case certified copy of Progress report exhibited as Ex.DW18/2) and entries Attendance Register Ex.DW28/1 to Ex.DW28/6 (in this case certified copy of entries of Attendance Register exhibited as Ex.DW18/3 to Ex.DW18/8), may kindly be sent for comparison to FSL Madhuban or CFSL, CBI, Delhi, to obtain the expert opinion/report about the similarity/dissimilarity of the above mentioned questioned handwriting & signatures with admitted handwriting and signatures & specimen handwriting and signatures of xxxxx(prosecutrix)xxxxx daughter of PW9 xxxxx, in the interest of justice." 3.

Concededly, similar application was also filed in case bearing RC-5 referred above and was declined. Petitioner had also filed a criminal revision, where the matter was discussed in detail and that criminal revision No.2294 of 2015 was dismissed vide order dated 05.07.2017. 4.

Learned counsel for the petitioner while admitting that the similar matter has already been decided in the aforesaid revision No.2294 of 2015, submits that the petitioner had relied on the Government Agency like FSL, Madhuban (Haryana) and CFSL (CBI), Delhi for report on the specimen/disputed handwriting. The Court in RC-5 send the dispute and specimen handwriting signatures of prosecutrix to CFSL, Chandigarh which did not submit a definite report.

-35.

The petitioner had filed another revision No.1703 of 2015 challenging the order of Special Judge (CBI) to send the disputed and admitted/specimen handwriting and signature of the prosecutrix to CFSL, Chandigarh which was also declined vide order dated 31.03.2016 passed in that revision and that order has since attained finality. 6.

As the matter raised by the petitioner in this application has already been decided by Special Judge (CBI) and this Court in CRR No.2294 of 2015, this petition has no merits. Dismissed.

( SURINDER GUPTA ) July 18, 2017 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No