No.15/19.06.2015

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

            This order relates to hearing on MA 143 of 2015 filed by the OP praying for opportunity to further cross-examine the Complainant.  It has been prayed that the Complainant may be directed to answer all the questions properly raised in the questionnaires and to produce the documents as has been asked for by the OPs. 

            It has been submitted by the Learned Counsel for the OP/Misc. Applicant that the OP raised questionnaires, but the Complainant answered the same in an evasive way and it needs further clarification.  It has submitted that the Complainant must answer the questions clearly.  The Learned Counsel for the OP/Misc. Applicant has referred to the decision of the Hon’ble High Court of Delhi in W.P. (CRL) 225 of 2012 [R. K. Chandolia vs. CBI & Ors.] and the decision of the Hon’ble Madras High Court reported in (1999) 3 MLJ 660 [G. Nanchil Kumaran vs. Govindasamy Reddiar].

            The Learned Counsel for the Complainant raised objection and submitted that the reply has been filed by the Complainant and there is no necessity for further cross-examination of the Complainant. 

            We have heard the submission made by both sides and perused the papers on record.  It appears that the Complainant filed reply as against the questionnaires raised by the OP.  The question as to the sufficiency or otherwise all the answers given by the Complainant as against the questionnaires is a matter of argument.  We are of the view that further cross-examination of the Complainant Is not necessary. 

            MA 143 of 2015 is dismissed.  Fix 26/08/15 for evidence on affidavit by the OP.