CENTRAL BUREAU OF INVESTIGATION Vs. RABIYA A. KHAN & ANR.
LAWS(BOM)-2017-6-314
HIGH COURT OF BOMBAY
Decided on June 19,2017

CENTRAL BUREAU OF INVESTIGATION Appellant
VERSUS
Rabiya A. Khan And Anr. Respondents

JUDGEMENT

- (1.) Mr.Venegaonkar, learned counsel seeks time to take steps to serve the respondents. By this Writ Petition, the Central Bureau of Investigation (CBI) seeks to challenge an order dated 15th February, 2016 passed by the Sessions Court whereby a request made by CBI for adjournment of two months was rejected. The request for time made by CBI was on the basis that it is desirous of appointing its own empanelled counsel since the order of the Division Bench in Writ Petition No.919 of 2014 dated 3rd July, 2014 had directed the said agency to carry out further investigations and submit a report to the concerned Court. Mr. Venegavkar states that the order of the Division Bench dated 3rd July, 2014 is not placed on record. He seeks leave to annex the order.
(2.) Paragraph 23 of the order dated 3rd July, 2014 records that the State Government was directed to provide all logistical and other support to the Investigating Officer of the CBI. Meanwhile by virtue of notification dated 6th November, 2015 the State has appointed a Special Public Prosecutor for conducting the case and opposed to the CBI's choice of its empanelled prosecutor.
(3.) Mr.Jha, learned counsel appearing for respondent no.1 on notice seeks time to put in an affidavit. Mr.Venegaonkar, learned counsel points out that the matter before the trial Court is on board today and the trial Court is considering application made on behalf of respondent no.1 herein to take on record further documents which were not filed on behalf of the learned counsel for the CBI at the relevant time. It is his contention that that the State Government cannot appoint Special Public Prosecutor on behalf of CBI and therefore this issue needs to be gone into before the matter proceeds before the trial Court.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.