Tajammul Hussain Petitioner v. State Of U.P

Subhash Chandra Nigam, J.:— Sri. Sudhansnv Singh, Advocate has filed his appearance slip on behalf of the complainant. It may be taken on record.

2. Heard learned counsel for the revisionist, learned A.G.A for the State, learned counsel for the private complainant and perused the record.

3. This criminal revision has been directed against the order dated 23.4.2010 passed by Special Judge (Anti Corruption Act) Bareilly in Special case No. 2 of 2003 (Case Crime No. 717 of 2001) under Sections 7/13(2) read with Section 13(1) D of Prevention of Corruptiion Act, 1988, P.S Aonla, district Bareilly by which the application of the revisionist for summoning Ruchi Saxena under Section 311 Cr.P.C as court witness has been dismissed.

4. It is being submitted by the learned counsel for the revisionist that during the course of the trial the prosecution filed the following documents:—

1. Original Order of Hon'ble High Court in Misc. W.P NO. 36348/04 dated 15.10.2008

(2) Original Order of Hon'ble High Court in Misc. W.P No. 37308/02 dated 2.5.2005

(3) Certified copy of order sheet of O.S 80/99, Ruchi Saxena v. Nagar Palika Parishad, Aonla.

(4) Certified copy of order dated 16.12.2004 passed by Civil Judge, Aonla, in O.S No. 80/99 Ruchi Saxena v. Nagar Palika Parishad, Aonla.

(5). Certified copy of the Civil Judge, Aonla in O.S No. 80/99 Ruchi Saxena v. Nagar Palika Parishad, Aonla.

(6) Certified copy of the order sheet of C.R No. 152/99 pending in the court of A.D.J VI Nagar Palika Parishad, Aonla v. Ruchi Saxena.

(7) Certified copy of the judgment passed by CI. Judge (J.D) in O.S No. 80/99 Ruchi Saxena v. Nagar Palika Parishad, Aonla.

5. These documents relate to Ruchi Saxena. The case of the first informant has been that Ruchi Saxena has ancestral agricultural land ad joining Sargam Talkies. The dispute is in connection with these agricultural land of Ruchi Saxena. The litigation between Ruchi Saxena and Nagar Palika Parishad is also pending in Civil Court. Nagar Palika Parishad is claiming that this agricultural land belongs to it. According to prosecution, leveling work was being done on 18.6.1999 which was obstructed by employees of Nagar Palika claiming it to be land of Nagar Palika. The revisionist is Chairman of Nagar Palika Parishad Aonla. The graft charges had been levelled against the accused on the ground that the claim of the Nagar Palika will be given up in case the demand for bribe was accepted. Trap was therefore arranged.

6. The contention of the learned counsel for the revisionist is that Ruchi Saxena is thus an important witness and should be examined in the interest of justice.

7. I find force in the submission made by the learned counsel for the revisionist in this regard.

8. Hence the criminal revision is allowed. The order dated 23.4.2010 is quashed. The court concerned is directed to summon Ruchi Saxena as court witness under Section 311 Cr.P.C