$-41 % IN THE HIGH COURT OF DELHI AT NEW DELHI CRLM.C. 3577/2010 with CrI. iVI.A. No. 17450/2010 ASHISH KUiVlAR Petitioner Through Mr. Harish Gulati, Adv. and Mr. Deepti Gulati, Adv. UOI & ORS versus Through iVIr. Harish Gulati for CBI (R-4) Mr. Jatan Singh, CGSC for UOI CORAM: JUSTICE SHIV NARAYAN DHINGRA ORDER 18.11.2010 Respondent By this petitionthe petitionerhas assailedorderdated 29'*^ June, 2010 whereby I the applicationmoved by CBI for perspnal appearance of respondentNo. 3 Sumedh SinghSainifor identificationby witnessesduring recordingofevidencewas dismissed. RespondentNo. 3 Sumedh Singh Saini is a servingofficerof Punjab Police. He r. was exemptedfrom his personalappearanceon the undertakingthat his identification will not be disputed. His identificationis still not being disputedby his counsel. Thus the I issue of identification is not material at all so long as identity is not disputed. I, therefore, ' consider that the Trial Court rightly dismissed the application pressing personal I appearance ofthe accused No. 1/respondentNo. 3 in the Court. The counsel for the petitionerthen submits that personal appearance of the accusedwas exemptedon the basis of a secret report submittedto the Trial Court and I the applicant/petitionerhas learntthat in the secretreportthe applicantwas also shown as a personof potentialthreatto the accused. He submitsthat there is possibilitythat in 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 future the petitioner may be eliminated on the basis of this false report. The report is not subject matter of adjudication before the trial court. The trial court could not have passed any order in respect of apprehension of the petitioner. There are other forums for such apprehensions of the petitioner. The petition is hereby dismissed with liberty to the petitioner to approach any appropriate forum for his apprehensions. NOVEMBER 18, 2010 a cm SHIV NARAYA>DHINGRA,J