T Yadir v. Central Bureau Of Investigation

$~6 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3600/2014 T YADIR ..... Petitioner Through:

Mr. K.K. Patra, Advocate versus CENTRAL BUREAU OF INVESTIGATION ..... Respondent Through:

Mr. Narender Mann, Special Public Prosecutor for CBI with Mr. Manoj Pant, Advocate

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 26.07.2016 By this petition filed under Section 482 of Cr. P.C., the petitioner seeks setting aside the order dated 17.05.2014 passed by the Special Judge IV, PC Act, CBI, Tis Hazari Courts, Delhi in Misc. Application M. No.19/2014 in CC No.9/2011, vide which the application filed by the petitioner for transferring the matter to the Court of CMM was declined.

Notices were ordered to be issued to the respondent and the matter is pending before this Court. Apparently, no interim order was passed by this Court in this matter and as a result, after passing of the order, the charges were framed and the case proceeded with the evidence of the CBI, which continued and ultimately the matter is

now at the state of final arguments.

Indisputably, the trial is at the fag end and the entire evidence has been recorded. The matter is at the stage of final arguments. Vide order dated 11.05.2016, this Court stayed the passing of final judgment in the matter. In the facts and circumstances of this case, this Court is of the considered opinion that it would be appropriate to exercise its inherent jurisdiction under Section 482 of Cr. P.C. and to avoid any abuse of the process of the law, the present petition can be disposed of with liberty to the petitioner to take all the pleas before the Trial Court during the course of arguments on the application. In view of the aforesaid, the present petition is disposed of with liberty to take all the pleas as raised in the present petition, before the Trial Court during the final arguments and the Trial Court shall deal with all such pleas in accordance with law.

P.S.TEJI, J JULY 26, 2016 pkb