Decided on September 21,2007

STATE Respondents


- (1.) This writ petition has been filed under Section 482 Cr.P.C. read with Section 227 of the Constitution of India for i) quashing order dated 5th September, 2007 passed by the Additional Sessions Judge; ii) to allow further oral arguments to be addressed by petitioners before trial Court; and iii) to allow the petitioners to place their written submissions on record.
(2.) The brief facts necessary for consideration of this petition are that a case under Section 304-A/304/337/338/285/287/436/427 IPC (known as Uphaar Tragedy Case) was fixed for delivery of judgment on 5th September, 2007. The order passed by the trial court on 21st August, 2007 reads as under: IN THE COURT OF MRS. MAMTA SEHGAL, ASJ, ND CBI v. Sushil Ansal etc. 21.08.2007 Present: Shri Saxena SPP for CBI All accused with their respective counsels Arguments on behalf of CBT concluded yesterday. Now to come up on 05.09.07 for judgment Sd/- ASJ/ND/21.08.07 On 5th September, 2007 an application made by the petitioners for filing written arguments was dismissed by the trial court hence this petition.
(3.) It is submitted by the learned counsel for the petitioners that the order of the trial court violated the principles of natural justice. The petitioners only wanted to place the written submissions (running into 335 typed pages) on record since, the evidence and the documents in this case involved thousands of pages and it was not practically possible for the judge to remember all the arguments advanced orally. It was also submitted that while oral arguments are addressed by the parties, normally, the judge prepares her own notes for memory and notes down the points of arguments, however, the counsel for the accused do not have the advantage of looking into those notes or knowing the contents of those notes and therefore, it is not known to the accused, if the, notes reflect all the points raised or not. Placing written arguments on record, therefore, was to keep on record the points raised by the accused for the benefit of a fair decision.;

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