JUDGMENT

SWARANA KANTA SHARMA, J.

1. The present petition under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C’) has been filed on behalf of petitioner/State seeking setting aside a impugned order dated 07.03.2023 passed by learned Sessions Judge-03, North-East District, Karkardooma Courts, New Delhi (‘Trial Court’) in Sessions Case no. 45052/2015 arising out of FIR bearing no. 351/2013 registered at Police Station Seelampur, Delhi for offence punishable under Sections 3(2) and 3(4) of Maharashtra Control of Organised Crime Act, 1999 (‘MCOCA’) vide which the learned Trial Court had dismissed application under Section 311 of Cr.P.C. preferred on behalf of the State for summoning and examining six witnesses.

2. Briefly stated, the facts of the present case are that the present FIR was registered on the basis of an application filed under Section 9 of MCOCA, following a complaint by Mohd. Mobin against the respondents. The complainant had alleged that the respondents had not only committed serious offences but they were also part of an organised crime syndicate, engaged in ongoing unlawful activities. Further, multiple FIRs had been registered against the respondents, with Mohd. Mobin being a victim in FIR no. 228/2012. On 29.07.2013, the Court of Special Judge, MCOCA, Karkardooma, Delhi, had allowed the application, leading to the registration of present FIR bearing no. 351/2013. Thereafter, on 18.04.2015, chargesheet was filed against the accused Mohd. Iqbal Gazi, with a supplementary chargesheet for accused Mohd. Jamal being filed on 26.08.2016 before the learned Trial Court. Charges were framed against respondents for offences punishable under Sections 3(1), 3(2), 3(3), 3(4) and 3(5) of MCOCA.

3. On 27.02.2023, the petitioner/State had filed an application under Section 311 of Cr.P.C. in the present case for summoning and examining six witnesses being Nodal Officers to prove CDR, CAFF, and location ID chart of mobile nos. ***591 and ***796, one Md.

Furkan, one Md. Rizwan, Ahlmad of Court of learned Metropolitan Magistrate, Karkardooma Courts, Delhi and SI Shailender, IO of case FIR No. 12/2015, P.S. Seelampur. A list of witnesses for summoning and examination was also annexed along with the said application which is as under:

1. Nodal Officer – Aircel with CDR, CAF & Location chart with respect to Mobile No.***591 (pertaining to Kamaluddin @Kamal @Bilal) for the from 01.12.2014 to 03.02.2015.

2. Nodal Officer – Vodafone with CDR, CAF & Location Chart with respect to Mobile No.***791 (pertaining to CRL.M.C.- 5211/2023 12 Jamal @Ranjha) for the period from

20.12.2014 to 12.02.2015.

3. Md. Fukran s/o Faimuddin to depose about his statement under Section 161 Cr.P.C. in case FIR No.12/15 PS Seelampur.

4. Md. Rizwan s/o Faimuddin to depose about his statement under Section 161 Cr.P.C. in case FIR No.12/15 PS Seelampur.

5. Ahlmad of Court of Sh. Vipul Sandwar learned Metropolitan Magistrate, Karkardooma, Delhi with original file containing statements under Section 161 Cr.P.C. of Md. Fukran and Md. Rizwan, and phone call details of accused Kamaluddin and Md. Jamal with protected witness in the present case.

6. SI Shailender, IO of case FIR No. 12/15 PS Seelampur to depose the fact relevant to the present case.

4. However, vide impugned order dated 07.03.2023, the learned Trial Court had dismissed the application filed by the State under Section 311 of Cr.P.C. and had passed the following order:

“An application u/s 311 Cr. PC was filed by Id. SPP for summoning and examining 6 witnesses, as per list attached with the application. Reply to this application filed by Sh. Piyush Singhal, Id. counsel for accused Kamaluddin @ Kamal and submissions heard.

As per contentions of Id. Addl. PP, accused Kamal had made some threatening calls to one protected witness, while being lodged in the jail itself. According to Id. Addl. PP, such threatening calls were made prior to filing of chargesheet in this case, but after registration of the FIR. He s