RANJAN DWIVEDI Vs. C B I THR THE DIRECTOR GENERAL
HIGH COURT OF DELHI
C.B.I. THR.DIRECTOR GENERAL
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(1.) IN these revisional proceedings, under section 397, Criminal Procedure Code ("cr. PC. "), the petitioners impugn orders of the Special Judge, dated order dated 27. 02. 2007 (which directed recording of the statement U/s 313 Cr. P. C ). By order dated 06. 03. 2007, the application to recall the first impugned order was rejected. The third order under challenge is dated 21-3-2007.
(2.) THE facts necessary to decide the proceedings are that due to a bomb explosion at Samastipur Railway Station, at 6. 30 p. m on 02. 01. 1975 Shri LN. Mishra, the then Railway Minister sustained serious injuries. He expired on 03. 01. 1975 in the morning at 9 am at Danapur, Bihar. The matter was investigated initially by local police, C. I. D and later by CBI. A few persons earlier arrested were discharged. Two of them made confessional statements and one was recorded U/s 164 Cr. P. C. The CBI gave them a clean chit. In June 1975 internal emergency was imposed and the Ananda marg sect was banned. The case was later transferred for trial to Delhi. As of today four persons i. e. Santoshanand, sudevanand, Gopal Ji and Ranjan Dwivedi are accused, and are facing trial.
(3.) THE prosecution evidence was closed on 16. 04. 1986. Thereafter, the accused wanted statements of certain witnesses to be recorded as Court witnesses who it was alleged, were deliberately left out by the prosecution agency i. e. CBI. The controversy reached the Supreme Court, which by judgment and order dated 17. 11. 1992 decided Criminal Appeal Nos. 698-699 of 1992. The appeals of the applicant- accused persons were partly allowed, and the following directions were issued :
"instead we hold that it will be open to the Additional Sessions Judge to decide whether or not he would like to examine all or any of those persons as court witnesses at any stage after the statements of the accused have been recorded U/s 313 of Code, that is to say, that it may come to that conclusion even prior to the accused being called upon to enter upon their defence". ;
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