- (1.) (C.M. Application No. 91671 of 2011)
(2.) THIS application has been moved by the CBI for modification/clarification of our dated 27th of July, 2011 passed in Writ Petition No. 3659 (M/B) of 2011. We, after notice to the parties, have heard Sri Prince Lenin, for the Petitioner, Sri Bireshwar Nath, Learned Counsel appearing for the CBI and Sri Mahmood Alam, Learned Counsel appearing for the Union of India as well as Sri J.N. Mathur, learned Additional Advocate General, for the State.
(3.) SRI Bireshwar Nath has brought on record an order dated 27th of August, 2011 passed by the CBI Magistrate by means of which he, in view of the observations made by us in the aforesaid judgment and order, has refused to take proceedings under Section 309(2) Code of Criminal Procedure. and has given the remand of the accused persons under Section 167 Code of Criminal Procedure.;