A Delhi court has dismissed a plea seeking to re-examine Amar Singh, who had lodged a case alleging that an accused posed as a law officer and demanded Rs five crore for fixing an apex court judge hearing the assets case against Samajwadi Party chief Mulayam Singh Yadav.
Barun Kumar Verma, facing trial in the extortion case lodged by the expelled SP leader, sought his re-examination on the ground that he would now depose truthfully as he was no more with his former party.
"Having regard to the facts and circumstances, the submissions made and the record of the case, I find no ground to interfere in the impugned order. Thus, the revision petition is hereby dismissed," Additional Sessions Judge (ASJ) Kaveri Baweja said.
The plea for re-examination of Singh was filed by Barun Kumar Verma, a resident of Badarpur here, against whom Singh had filed the extortion case on June 4, 2007.
The former SP leader had alleged that Verma tried to extort Rs five crore from him in connection with the hearing of a disproportionate assets case in the Supreme Court against SP chief Mulayam Singh Yadav.
"When the witness (Singh) was examined, he was under indirect influence of Mulayam Singh... but due to change in scenario (expulsion of Singh from SP), the witness can give truthful answers if permitted to be recalled for cross examination," the accused said in his petition.
Verma had filed the revision petition under section 311 (power to summon material witness, or examine person present) under the CrPC challenging the order of a magisterial court which earlier dismissed his plea to re-examine Singh.
The ASJ upheld the order of lower court saying that it rightly observed that change in political scenario (Amar Singh's exit from SP) cannot be said to be a ground for recalling Singh as a prosecution witness.
Verma submitted that earlier Singh was examined in "haste" and certain material questions could not be put to him by the counsel, provided by the state, but now he has engaged a private lawyer and he may be permitted to cross-examine Singh again.
The court said the submission was without any force.
It said the accused did not seek any adjournment when Singh was examined and discharged by the trial court on December 22, 2009.
Amar Singh had lodged a complaint with Special Cell of Police in 2007, accusing Verma that he, posing as a law officer, allegedly tried to extort Rs five crore from him.
The accused claimed that he could fix a SC judge, hearing the case against Mulayam Singh, former SP leader had alleged. said.