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TMI Blog2019 (1) TMI 1973X X X X Extracts X X X X X X X X Extracts X X X X ..... s necessary for disposal of this appeal are as under: 4. A complaint was lodged by one Mr. P.N. Khanna before the Superintendant of Police, Central Bureau of Investigation (for short 'CBI'), Economic Offences Wing, Church Lane Calcutta, where the present appellant with others was arrayed as accused in CBI case No.7/E/83 dated 20.08.1983 under Sections 477A/471/468/420/120B of the Indian Penal Code, 1860. After completion of the investigation, investigating agency filed chargesheet under the aforesaid sections and also under Section 5(1)(c)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 against the appellant and three others. The case was put on trial. Twenty nine prosecution witnesses were examined. The Public ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ja. It was observed that in case of failure on the part of the CBI to procure his attendance, and the attendance of other witnesses and get them examined, the Trial Court will proceed further with the trial without granting any further adjournment to the CBI keeping in mind that the case is still pending from the year 1985. 6. However, the Trial Court still allowed the prosecution time to present their witness Mr. H.S. Tuteja on 03.02.2012, who by now was nothing short of a creature of fiction and whose presence has been warranted yet unattained for over a decade. Despite summon was duly served upon, he was not present on that date also. Again, the matter was adjourned to 24.02.2012 for his evidence. Even thereafter on several dates, the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t any stage of inquiry, trial or other proceedings under the Code to act in one of the three ways, namely, (i) to summon any person as a witness; or (ii) to examine any person in attendance, though not summoned as a witness; or (iii) to recall and re-examine any person already examined. The second part, which is mandatory, imposes an obligation on the court (i) to summon and examine or (ii) to recall and re-examine any such person if his evidence appears to be essential to the just decision of the case. 12. It is well settled that the power conferred under Section 311 should be invoked by the court only to meet the ends of justice. The power is to be exercised only for strong and valid reasons and it should be exercised with great caution ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tnesses and get them examined, the Trial Court will proceed further with the trial without granting any further adjournment to the CBI. Even thereafter, the applications filed by the CBI have been allowed. 16. On 15.09.2014, yet again, the High Court in a criminal revision application observed that since the trial is pending for a long time, steps must be taken by the trial court to conclude the trial as expeditiously as possible, preferably within six months. Even thereafter, the trial court has allowed the application filed by the prosecution for summoning Mr. H.S. Tuteja, which order has been confirmed by the High Court. In our view, the High Court ought to have accepted the appeal and rejected the application of the prosecution for sum ..... X X X X Extracts X X X X X X X X Extracts X X X X
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