Judgment:
Criminal Revision No.1572/2013 23.9.2013 Shri Ajeet Singh, Advocate for, the applicant.
Shri R.S.Siddiqui, Advocate, for the non-applicant.
This revision is directed against the order dated 1.8.2013, Annexure A-1, passed by the Sixth Additional Sessions Judge, Special Judge, (CBI) Bhopal, in case No.SC-CBI/7/2011 whereby he has reviewed his earlier order dated 18.7.2013 regarding recalling of prosecution witness Mohammad Abdullah for further cross-examination.
The applicant is being prosecuted for offences under sections 7 and 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988.
The prosecution, after examining its witnesses, had closed the case and the trial was fixed for the examination of defence witnesses.
At that stage, the prosecution filed an application for correction of dates mentioned in the charges framed against the applicant.
The changed dates related to period of offence committed by the applicant.
The trial court accepted the mistake regarding the dates and directed for their correction.
The applicant, therefore, applied for recalling of prosecution witnesses for further cross-examination.
The trial court after hearing the prosecution by its order dated 18.7.2013 allowed the applicant’s application and recalled prosecution witness Mohammad Abdullah for further cross-examination.
But later, the prosecution made an application informing the court that as Mohammad Abdullah has left home for Jamat for a period of four months and will be available only in the month of October 2013, his evidence be closed.
The trial court allowed this application and fixed the case for final arguments.
It is in this background the applicant has rushed to this court.
The learned counsel for non-applicant/prosecution has fairly agreed before us that trial court could not have reviewed its earlier order dated 18.7.2013 regarding recalling of Mohammad Abdullah for further cross-examination.
The learned counsel has, therefore, submitted that the trial court be directed to recall Mohammad Abdullah for further cross-examination on any date which may be fixed by it.
In view of the aforesaid, we allow the revision and direct the trial court to recall Mohammad Abdullah for further cross-examination by the applicant on any date fixed by it.
In the result, order dated 1.8.2013 of the trial court is set aside.
(AJIT SINGH) (B.D.RATHI) JUDGE JUDGE ps