- (1.) Heard learned counsel for the applicant and Sri Girdhar Nath, learned counsel for the Central Bureau of Investigation.
(2.) By this petition the applicant has sought for quashing of the order summoning him and 14 others on the basis of a charge-sheet submitted by the Central Bureau of Investigation (hereinafter referred to as 'CBI') before the Special Court (CBI) at Lucknow.
(3.) The contention raised by the learned counsel for the applicant is that CBI was authorised to investigate this case after the charge-sheets were submitted by the local police before the Chief Judicial Magistrate, Varanasi, and that Court having taken cognizance in the matter for the purposes of commitment of the case alone is entitled to proceed with the C.B.I. charge-sheet. CBI was entrusted with the investigation by the State of U.P. There were two cross versions. One of these versions is now pending before the Court at Varanasi. The contention, therefore, is that CBI is not authorised to submit independently a charge-sheet before designated CBI Court the charge-sheet ought to have been submitted by CBI before the same Court which was seized of the case.;