IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE FIRST DAY OF FEBRUARY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION NO : 10940 of 2009 Between: The State of Andha Pradesh, rep. by its Spl. Public Prosecutor, for CBI., High Court of A.P., at Hyderabad. ..... PETITIONER AND Smt. Kameshwari, W/o Sri Ram Mohan, Cantonment General Hospital, Secunderabad. .....RESPONDENT Petition under Section ____ of Crl.P.C praying that in the circumstances stated in the grounds filed therewith, the High Court will be pleased toto quash the docket order dt. 06-10-2009 in CC.No. 17 of 2006 on the file of the Court of Spl. Judge for CBI Cases, Hyderabad and quash the same and permit the petitioner to produce P.W.13 for further examination. The Petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Mr.NIRANJAN REDDY,SPL P.P FOR CBI, Advocate for the Petitioner and of the Public Prosecutor, on behalf of the Respondent. The Court made the following: ORDER PSR, J. Crl.P.No. 10940 of 2009 O r d e r: Heard Sri T. Niranjan Reddy3, the learned standing counsel appearing for the petitioner and Sri Krishna Devan learned counsel appearing for the respondent. 2. It is a case where the evidence of the Investigating Officer is eschewed on account of his continuous disobedience of summons to appear to complete his cross-examination part of the evidence. Judging from the conduct of the witness, the order passed by the learned Judge cannot be said to be erroneous. However, in the interest of justice, an opportunity deserves to be given to the prosecution. Accordingly this petition is allowed and the prosecution is permitted to produce the investigating officer (PW-13) before the trial court for completing his cross examination on 15.2.2010 without fail. 3. The learned counsel for the respondent, who is present shall also take note of the date. In view of the conduct of the Investigating Officer (PW-13), it is directed that he shall pay costs of Rs.1,000-00 (Rs.One thousand only) to be deposited to A.P. State Legal Services Authority. The trial Court shall see that the amount is so deposited, if necessary by recovering the same from the salary of PW-13. _______________________ P. SWAROOP REDDY, J. February 1, 2010. *BVS Note: Furnish CC tomorrow (BO) BVS.