ASIF BALWA Vs. CBI

JUDGEMENT

(1.) By this common order, the court proposes to dispose of the present petitions filed by the petitioners praying inter alia for quashing of the order on charge dated 22.10.2011 and framing of charge dated 22.10.2011, passed by the learned Special Judge, CBI in case FIR No. RC DAI 2009 A 0045 registered by the CBI. Additionally, the petitioners have also sought quashing of the supplementary charge sheet dated 25.4.2011 submitted by the CBI in the aforesaid cases. W.P.(Crl.) Nos.1587, 1588 & 1589/2012 have been filed by the petitioners praying inter alia for quashing of the chargesheet dated 12.12.2011 and order on charge dated 25.5.2012 filed by the CBI in RC No.DA 2009 A 0045 and the charges framed against them on 25.5.2012, under Section 120-B R/W 420 IPC in C.C. No.1B of 2011.

(2.) Learned counsel for the respondent/CBI submits that in view of the recent decision of the Supreme Court in the case of Shahid Balwa Vs. Union of India and others, 2013 11 SCALE 75, the present petitions need not be kept pending by this court any longer. In support of her submission, she also refers to the earlier orders dated 11.4.2011 and 9.11.2012 passed by the Supreme Court in Civil Appeal No.10600/2010, entitled "Center for PIL & Others Vs. Union of India & Others".

(3.) As for the status of the case pending before the learned Special Judge, CBI, the court is informed that the prosecution evidence has almost concluded in all the petitions, except in cases, subject matter of W.P.(Crl.) Nos.1587, 1588 & 1589/2012 where the testimony of some of the IOs are to be recorded and the cases are proceeding before the trial court on a day to day basis for recording the testimony of the remaining witnesses.