1. The instant criminal revision has been preferred by the
victim O.P. Saklani against the order passed by 2nd Special Judge
(Anti Corruption), CBI, Dehradun dated 01.03.2016 in Sessions
Trial No. 36 of 2014 (State Vs. Basant Soni and others) arising out
of FIR No. RC 0072013S0005 for the offences punishable under
Section 302/34, 201, 323 IPC, Police Station – CBI – SPE,
Dehradun.
2. Brief facts of the present case are that revisionist / victim /
complainant is a practicing lawyer, whose wife was murdered on
16.10.2012 and thereafter, an FIR was lodged and investigation
was conducted by the local police and thereafter, on the
intervention of the High Court, the investigation was transferred
to CBI. Thereafter, the CBI registered the FIR bearing FIR No. RC
0072013S0005 and filed charge-sheeted on 08.11.2013 against five
persons namely Sunny Joshi (A1), Kaleem Khan (A2), Brijmohan
Sharma @ Billa (A3), Basant Soni (A4) and Vikas @ Vikki @
Mahendra Pal (A5). In this charge-sheet, there are 79 prosecution
witnesses, in which following were also made as prosecution
witnesses (i) Shamim Alam, (ii) Kalpana Alam (iii) Shahzadi
Alam and (iv) Chandra Shekhar. On the basis of the charge sheet,
charges were framed. Present revisionist being complainant –
victim moved an application under Section 319 Cr.P.C. before
Special Judge, Anti Corruption, CBI, Derhadun praying for
summoning of Shamim Alam and Constable Naveen Chandra. In
this application, Mr. Tej Prakash, Inspector, CBI, SPE, Dehradun
filed a detailed objection.