ALOK MATHUR,J. - (1.) The entire controversy encompassing this petition can aptly be summed up in the following words of Bentham:- "Witnesses are the eyes and ears of justice. If the witness himself is incapacitated from acting as eyes and ears of justice, the trial gets putrefied and paralyzed, and it no longer can constitute a fair trial"
(2.) The Central Bureau of Investigation has approached this Court with the prayer to quash the order dated 19/08/2014 passed by the Special Judge, C.B.I., Lucknow in Criminal Revision No.711 of 2014 (CBI versus Shiv Saran Upadhaya) as well as the order dated 10/03/2014 passed by Special Judicial Magistrate, C.B.I., Lucknow in case No.2 of 2014, whereby the application made by the Central Bureau of investigation for issue of summons to the then Judicial Magistrate, who recorded statements under section 164 of the Cr. P. C. of the witnesses and who subsequently turned hostile during trial, be examined as witness to prove the voluntariness of statements, has been rejected.
(3.) It has been submitted by the counsel for the petitioner that the opposite party No.2, who has been the erstwhile President of the Central Bar Association, District Court Lucknow, on 06/11/2008 along with a group of lawyers called for a strike and reached the District Court Campus, Lucknow and asked the Chaukidar Shri Mohd Anees and Shri Dinesh Kumar Verma, Lift Operators to hand over the keys of the multi-storey building and lift, with a view to paralyze the functioning of the District Court; that the said employees of the District Court refused to hand over the keys of the multi-storey building and lift to the group of lawyers headed by opposite party No.2, due to which they were mercilessly beaten and keys were forcibly snatched from them.;