Shekhar Prasad vs The State Of Jharkhand Through The ...
2023 Latest Caselaw 3442 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                Cr. Appeal (S.J.) No.448 of 2015

 Shekhar Prasad                                      .....   ... Appellant
                           Versus
 The State of Jharkhand through the CBI     .... .... Respondent
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

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For the Petitioner : Mr. Akhouri Awinash Kumar, Advocate For the Respondent : Mr. Anil Kumar, Addl. SGI

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17/ 11th September, 2023 I.A. No.8847 of 2022

1. The present interlocutory application has been filed on behalf of the petitioner for issuance of direction for calling upon the original copy of Gate Pass maintained by the Doordarshan Maintenance Centre, Dhanbad for the year 1998-99 from the Vigilance Department, Ministry of Information and Broadcasting, Government of India for adducing as additional evidence in the instant appeal.

2. Learned counsel for the petitioner has submitted that vide order dated 22nd August, 2022, the I.A. No.4529 of 2015 was allowed and the petitioner was directed to adduce into evidence the original gate pass maintained by Doordarshan Maintenance Centre, Dhanbad for the period 1998-99. Since the said document is not in possession of the petitioner and the same is in possession of the Vigilance Department, Ministry of Information and Broadcasting, Government of India, Shastri Bhawan, New Delhi, the petitioner could not adduce the same in evidence.

3. Learned A.S.G.I. opposed the contentions made by the learned counsel for the petitioner and contended that gate pass for the period 1998-99 is available with the Vigilance Department, Ministry of Information and Broadcasting, Government of India, Shastri Bhawan, New Delhi.

4. Prior to call for the said document, it is necessary to hear the appeal on merit and if during hearing, the said document is found requisite to decide the legality and propriety of the impugned judgment passed by the learned trial court, then the I.A. No.8847 of 2022 shall be decided at the time of hearing argument of this criminal appeal.

5. With this direction, the disposal of I.A. No.8847 of 2022 is deferred and it will be considered along with final argument of this appeal.

6. List this appeal for hearing on 3rd October, 2023.

7. Learned A.S.G.I. has submitted that he has not received the paper book.

8. Office is directed to supply the paper book to learned A.S.G.I.

within a period of one week on his own cost.

(Subhash Chand, J.) Rohit Uploaded