ORDER :

The petitioner is the 9th witness in CC No.1/2014 before the court of the Special Judge (SPE/CBI), Thiruvananthapuram. He is the Inspector of Police, CBI/SCB, and was issued Annexure A a summons to appear as a witness through his superior officer at Guwahati, where the petitioner was at that time employed. The summons was received at the head office on 10.01.2020, and the petitioner was personally served on 13.01.2020. He requested to his Superior Officer for an adjournment on the ground that it was difficult for him to appear before the court on 21.01.2020, on such short notice, and accordingly, Annexure B request was made to the CBI at Thiruvananthapuram by the Head of Branch CBI, Guwahati seeking adjournment of the matter since he was unable to attend on 21.01.2020.

2. Even though, that was submitted to the prosecutor, the learned Special Judge vide order at Annexure D, stated that, no application has been made for on behalf of the petitioner to condone his absence, and therefore, taking note of the circumstances, he found that proceedings under Section 174 of IPC is to be initiated against the petitioner and accordingly, MC. No.1/2020 was registered on the same day as evi