- (1.) Leave granted. Heard Mr. P.R. Namjoshi, learned counsel appearing for the appellants and Mr. Rakesh K. Khanna, learned Additional Solicitor General appearing on behalf of the respondent.
(2.) The appellants seek to challenge the order passed by the Bombay High Court allowing the Criminal Writ Petition filed by the respondent- C.B.I. The C.B.I. had sought to challenge the order passed by the Special Judge, C.B.I., Greater Mumbai, which had allowed the Miscellaneous Application filed by the appellants and set aside the order passed by the Additional Chief Metropolitan Magistrate.
(3.) The facts leading to this appeal are as under: The appellants herein along with one Rajendraprasad K. Jhunjhunwala and others are being prosecuted for the alleged offences punishable under Sections 420, 468, 471 and 477-A read with Section 120-B of I.P.C. A charge-sheet has been filed by the C.B.I. against the appellants and the said Jhunjhunwala and others in the Additional Chief Metropolitan Magistrate's 19th Court, Esplanade, Mumbai, which has been numbered as CC No. 113/CPW/2006. It so transpired that during the course of that proceeding the aforesaid Jhunjhunwala turned approver, and his statement was recorded by the Economic Offence wing of C.B.I. under Section 306(4) of the Code of Criminal Procedure ('Cr.P.C.' for short) for grant of pardon. The C.B.I. moved an application dated 7.8.2008 for recording his statement before the learned Additional Chief Metropolitan Magistrate, and the learned Magistrate passed order on 10.9.2008 granting him pardon. The learned Magistrate has thereafter passed an order committing the proceeding to the Court of Sessions for trial. The operative order of the learned Magistrate dated 10.11.2008 reads as follows: "1. The case is committed to the Hon'ble Court of Sessions for trial as provided under Section 306(4) of the Cr.P.C.";