Order 57

Order Details: COPY OF ORDER
Pdf Text: CNR No. DLCT11-000420-2022
CBI vs. M. P. Singh & Ors. (Rajesh Mishra)
CBI No. 41/2022
29.05.2025
Present: Sh. A. K. Kushwaha, Ld. Sr. PP for CBI.
HIO/SI Aakash Srivastav also present.
Accused Rajesh Mishra present on bail (through
VC).
Sh. Kanhaiya Singhal, Ld. Counsel for accused
Rajesh Mishra.
No PW is present today.
The matter was listed today for recording of prosecution
evidence. Perusal of the record reveals that the present Charge Sheet
was earlier filed by CBI against accused Dr. M.P. Singh and the other
accused namely Rajesh Mishra(who was declared a Proclaimed
Offender)
On conclusion of trial, accused Dr. M.P. Singh was convicted
vide Judgment dated 30.03.2011 and sentenced vide order dated
31.03.2011.
Evidence of the prosecution witnesses recorded during the
course of trial qua the accused Rajesh Mishra(who was declared a
Proclaimed Offender) was considered under Section 299 Cr.P.C.
Subsequent thereto, the accused Rajesh Mishra(who was
declared a Proclaimed Offender) was arrested on 09.06.2022 and the
matter was revived qua him.
After framing of charge on 15.03.2024 against the accused
Rajesh Mishra, the witnesses recorded earlier under Section 299
Cr.P.C. were summoned so as to give him opportunity to cross
examine the prosecution witnesses.
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Record reveals that in all 30 witnesses were examined, out of
which PW-17 Ibomeha Singh, PW-18 N. Maniraton Singh, PW-7 S.K.
Joshi, PW-25 Sunil Gombar and PW-13 Inspector L.T. Salu, CBI
were dropped as process issued to them were received back with the
report that they have expired.
Other witnesses who were recorded under Section 299 Cr.P.C.
appeared and were cross examined on behalf of the present accused,
except two witnesses namely PW-23 B.C. Rai and PW-24 Umeshwar
Prasad.
Today, both these witnesses were summoned for their cross-
examination on behalf of the accused Rajesh Mishra. Process issued to
PW-24 Umeshwar Prasad has been received back with the report of
CBI that this witness despite efforts could not be traced.
Process issued to PW-23 has been received back with the report
that he is 79 years of age and being unwell is advised rest for two
months.
Having regards to these facts and circumstances, one last and
final opportunity is granted to CBI to summon and produce these two
witnesses i.e. PW-23 B.C. Rai and PW-24 Umeshwar Prasad.
Considering the fact that this is an old matter, no further
opportunity shall be granted for the same.
The matter be listed for recording of prosecution evidence on
14.07.2025.
(Kanwal Jeet Arora)
Principal District & Sessions Judge-
cum-Special Judge (PC Act) (CBI),
Rouse Avenue District Court
New Delhi/29.05.2025
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