1.00. Present Criminal Revision Application under section 397 read with section 401 of the Code of Criminal Procedure has been preferred by the petitioner - original accused to quash and set aside the impugned order passed by the learned Special Judge, CBI Court No.2, Ahmedabad below Ex.119 in Special Case No.20 of 1998 dtd.13/4/2012, by which the learned Special Judge has rejected the said application submitted by the petitioner herein – original accused to recall the Witness Mr.Dutta, PW No.3, who was earlier examined at Ex.44. 2.00. After the matter was argued for sometime, and considering the fact that even statement of one Shresthnarayansingh PW No.12 which was recorded by the PW No.3 and which has been produced along with the deposition of the PW No.12 which has been given tentative Exhibit Number 118 subject to making submissions on the said statement whether the same is admissible in evidence or not, and considering the fact that the said statement has been produced subsequently while recording deposition of PW No.12 i.e. subsequent to examination of PW NO.3, there is a broad consensus between the learned advocates appearing on behalf of the respective parties that PW No.3 - Mr.Dutta, who was earlier examined at Ex.44, can be recalled only with respect to questions on the statement at Ex.118 and the accused can be permitted to cross-examine the said witness only qua the said statement of Shresthnarayansingh Ex.118 recorded by PW No.3 Mr.Dutta. The learned advocates appearing on behalf of the respective parties do not invite further reasoned order so as to see that the trial is not further delayed.
3.00. In view of the above broad consensus between the learned advocates appearing on behalf of the respective parties, recorded hereinabove and so as to see that there is no further delay in concluding the trial which is for the offences under the Prevention of Corruption Act and which is pending since 1997/1998, impugned order passed by the learned Special Judge, CBI Court No.2, Ahmedabad below Ex.119 in Special Case No.20 of 1998 dtd.13/4/2012, is hereby modified by directing to recall PW No.3 - Mr.Dutta, who was earlier examined at Ex.44 and permitting the petitioner - original accused to cross examine the said witness qua statement of Shresthnarayansingh - Ex.118 only.
In the facts and circumstances of the case the learned Special Judge is hereby directed to see that the said witness PW No.3 is recalled and is cross-examined by the defence on Ex.118 at the earliest but not later than one month from the date of receipt of the writ of the present order.
It is directed that the defence shall cross-examine the said PW No.3 (on recall) on Ex.118 on the very day on which he remains present for cross-examination, so that the trial is not further delayed.
Registry is hereby directed to return Record and Proceedings of the case to the learned Special Judge, CBI Court No.2, Ahmedabad at the earliest but not later than 9/10/2012.
Rule is made absolute accordingly.
rafik Direct Service is permitted.
[M.R. SHAH, J.]