\ $~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRLM.C. 3873/2011 BEERAM VENKATRAMAN Petitioner Through Mr.Ajay Burman, Adv. versus 2. CBI Respondent Through Ms.Sonia Mathur, Standing counsel for CBI CORAM: HON'BLE MR. JUSTICE V.K. SHALI ORDER 07.12.2011 •M.A.no.18973/2011 With the consent of the parties, the following order is passed The learned counsel for the petitioner has very fairly stated that the learned Special Judge has rejected the request of the petitioner seeking exannination of the document exhibit PW43/D, which contains the reasons of the opinion (Ex.PW43/B) furnished by the expert. It is further stated that this question be left open and the expression of any opinion by the learned Special Judge may not be treated as an expression on the merits of the case, so as to prejudice the petitioner in adducing his defence. He further states that he has no objection to the sustainability of this order except that he may be permitted to produce his defence and the effect of same be considered at the Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified >•¥ time of final disposal. [Vjs.Sonia i^lathur, learned Standing counsel for the CBI does not have any objection to this submission. In view of the aforesaid statements and in order to ensure the speedy disposal of the matter which has been pending in the trial Court for the last more than 15 years, I feel that expression of any opinion by the learned Special Judge may not be treated as an expression on merits of the case, so as to foreclose the rights of the petitioner to summon any witness in his defence provided he is able to show the relevancy and the admissibility in accordance with law. With these observations, the application as well as the petition stands disposed of. The next date of hearing i.e. 12.1.2012 stands cancelled. DECEMBER 07, 2011 RN V.K. SHALI,J n