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Judgment
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).
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.
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.
The special leave petitions are, accordingly, disposed of.