Crl.M.P. No.14655/2016 in W.P.(Crl.) No.113/2016

1. This is an application filed by the Central Bureau of Investigation (C.B.I.) for impleadment and modification of the Courts order dated 29th August, 2016.

2. Prayer for impleadment stands allowed.

3. As far as the modification of order is concerned, it relates to order of stay passed on 29th August, 2016, wherein this Court had directed that there shall be stay of further investigation pertaining to F.I.R. No.0838 dated 30th July, 2016. It is submitted by Mr. Maninder Singh, learned Additional Solicitor General appearing for the C.B.I. that in pursuance of the order passed by the High Court of Judicature at Allahabad, the case has been transferred to C.B.I. and the C.B.I. has commenced the investigation from 18th August, 2016.4. Mr. Ankur Gogia, learned counsel appearing for the petitioner has submitted that the petitioner has no objection if the investigation is carried out by the C.B.I., but the other grievances which have been highlighted in the writ petition and that had been adverted to on the earlier occasion, should remain alive and addressed to. We think that the submission of Mr. Gogia is absolutely justified. The two other grievance, namely, whether the case should be transferred to another State; and whether the respondent No.2 could have spoken in the manner as he has done with regard to the crime in question.

5. In view of the aforesaid submissions raised at the Bar, we modify our order and permit the C.B.I. to continue with the investigation and do the needful in quite promptitude.

6. Crl.M.P. No.14655 of 2016 stands disposed of accordingly.

W.P.(Crl.) No.113 of 20167.

7. Let the writ petition be listed on the date fixed. We had earlier directed the writ petition to be listed on 27th September, 2016.

8. It is submitted by Mr. Maninder Singh, learned Additional Solicitor General that as the entire controversy is taken up and adjudicated by this Court, the High Court need not proceed with the matter. Having regard to the said submission, further proceedings in Criminal Writ-Public Interest Litigation No.18005 of 2016, pending before the High Court, shall remain stayed.