- (1.) Simran Arora (petitioner) has challenged the impugned order dated 29.7.2013 (Annexure-P-5), passed by the learned Special Judge, CBI, Punjab, Patiala, (wrongly mentioned as Additional Sessions Judge) and further order dated 29.8.2013 (Annexure-P-6), passed by the learned Special Judicial Magistrate, CBI, Punjab, Patiala, treating the order of the learned Special Judge, CBI, Punjab, Patiala, as a complaint under Section 340 Cr.P.C. Also challenged are the subsequent orders dated 5.10.2013 (Annexure-P-8), passed by the learned Special Judicial Magistrate, CBI, Punjab, Patiala, as well as order dated 19.12.2013 (Annexure-P-9), passed by the learned Special Judicial Magistrate, CBI, Punjab, Patiala, committing the case to the Court of Sessions and order dated 3.9.2014 (Annexure-P-10), passed by the learned Special Judge, CBI, Punjab, Patiala, holding that the charges under Section 193 IPC only are made out and consequently, after framing of the said charge, the case was sent back to the Special Judicial Magistrate, CBI, Patiala.
(2.) I have heard the learned senior counsel for the petitioner, learned senior standing counsel for respondent-CBI, New Delhi, and have also carefully gone through the file.
(3.) The brief facts of the case are that the Central Bureau of Investigation filed the challan against one Sarabjit Singh alias Raju and 11 others under Sections 376 and 109 read with Section 376 IPC. The trial was conducted in the Court of the learned Special Judge, CBI, Punjab, Patiala. The case was decided, vide judgment dated 29.7.2013 (Annexure-P-4). It comes out that the present petitioner, who was one of the prosecutrix, turned hostile during trial.;