Chander Pal Singh & Anr. vs Cbi
2016 Latest Caselaw 7501 Del

$~33
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                  DECIDED ON : 20th DECEMBER, 2016

+               CRL.REV.P.209/2016 & CRL.M.A.No.4412/16
        CHANDER PAL SINGH & ANR.                            ..... Petitioners
                            Through :   Petitioner No.1 in person.
                            versus
        CBI                                                 ..... Respondent
                            Through :   Mr.Narender Mann, SPP.

        CORAM:
        HON'BLE MR. JUSTICE S.P.GARG

S.P.GARG, J. (Oral)

1. Present revision petition under Section 401 Cr.P.C. has been preferred by the petitioners to challenge the legality and correctness of an order dated 05.02.2016 by which Ms.Sidhushree Khullar was called for examination. The petition is contested by the respondent.

2. I have heard the learned counsel for the parties and have examined the file. Undisputedly, the petitioners are facing trial in case registered under Sections 420/468/471 IPC read with Section 120B IPC and Section 13(2) read with Section 13(1)(d) of PC Act.

3. Ms.Sidhushree Khullar has been summoned to appear as a witness to prove the sanction granted by her being a competent authority. Her examination is necessary for the just decision of the case. No prejudice would be caused to the petitioners as the sanction order bearing her

signatures is already on judicial record. Order dated 05.02.2016 reflects that the witness declined to accept the notice earlier sent by the Court below. Learned counsel for the petitioners has not placed on record the order by which Ms.Sidhushree Khullar was called to appear as a witness.

4. Considering the facts and circumstances of the case, I find no merit in the present revision petition and it is dismissed. Pending application also stands disposed of.

5. Trial Court record (if any) be sent back forthwith with the copy of the order.

(S.P.GARG) JUDGE DECEMBER 20, 2016 / tr