JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

Crl.M.A.1176/2023 (exemption)

Exemption allowed subject to all just exceptions.

CRL.M.C.10/2021

1. Present petition has been filed challenging the order dated 23.10.2020, passed in CC no. 362/2019 whereby, the learned Spl. Judge (PC Act), CBI, Rouse Avenue Courts, New Delhi has dismissed the plea of one Mr.C. Edmonds Allen and CBI for calling this witness for the purpose of examination.

2. Learned Spl. Judge (PC Act), CBI while dismissing the plea(s) took into account the conduct of the witness and the fact that sufficient opportunities had already been given to the CBI to produce this witness as well. Learned Spl. Judge (PC Act), CBI inter alia was of the view that the witness was intentionally playing hide and seek with the Court and cannot be permitted to misuse the process of the law. The CBI has challenged the impugned order dated 23.10.2022 primarily on the grounds that Mr. C. Edmonds Allen is a material witness and his testimony is necessary for adjudication of the dispute.

3. In the petition, CBI has stated that the learned Trial Court has failed to appreciate that the witness is very crucial for the decision of the case which is rela