JUDGEMENT
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(1.) Heard Mr. P.P. Rao and Mr. V. Giri, learned senior counsel along with Mr. B.P. Singh Dhakray, learned counsel for the petitioner and Mr. Mukul
Rohatgi, learned Attorney General for India along with Mr. P.K. Dey,
learned counsel for the Central Bureau of Investigation (CBI).
(2.) Having heard learned counsel for the parties, we are only inclined to modify the order passed by the trial court as well as the High Court to
the extent that one, K.L. Raina, a former investigating officer, shall be
summoned by the trial court as a court witness. The summoning and
examining shall be completed within a period of four weeks. Needless to
say, after he is summoned and examined as a court witness, the procedure
enshrined in Code of Criminal Procedure (Cr.P.C.) shall take its own
course.
(3.) The parties or their authorised representatives, as has been the fact situation on the last occasion, shall appear before the trial court
tomorrow (05.10.2016). We have passed this order as we have stayed the
proceedings before the trial court.;
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