STATE CBI Vs. PRATAM SINGH

JUDGEMENT

(1.) This is a petition under Section 397/401 of the Code of Criminal Procedure moved by the CBI praying that the order of the Metropolitan Magistrate dated February 17,1993 declining to stay the proceedings arising from a case FIR 186/ 1992 be set aside. On February 17,1993 the CBI moved an application before the Metropolitan Magistrate requesting that the proceedings arising out of the aforesaid FIR under Sections 147, 148,149, 354,427,353,452 and 307 Indian Penal Code be stayed on the ground that the Delhi Administration had asked the CBI to take up the investigation in the case. The prayer made in the application filed before the Metropolitan Magistrate reads as follows:

(2.) The Metropolitan Magistrate rejected the application of the CBI on February 17,1993 itself. Against this order the CBI has filed the present petition.

(3.) Learned counsel appearing for the CBI has pointed out that the Delhi Administration has asked the CBI to take up the investigation in this case as several representations were received from the public expressing dissatisfaction with the investigation of the case by the police. He further submitted that the proceedings before the Metropolitan Magistrate be stayed so that CBI could conduct further investigations in the matter