LAWS(DLH)-2018-1-74

CBI Vs. SHRIKANT JAIN & ORS.

Decided On January 29, 2018
CBI Appellant
V/S
Shrikant Jain And Ors. Respondents

JUDGEMENT

(1.) The Central Bureau of Investigation has invoked the writ jurisdiction of this Court under Article 226 /227 of the Constitution of India for quashing of the impugned order dated 26.09.2017 passed by the Court of Learned Special Judge-III, CBI Tis Hazari Courts, Delhi (in short Ld. Special Judge) in Sessions Case No.27285/2016 titled as CBI Vs. Shrikant Jain & Anr.

(2.) By the impugned order, the Ld. Special Judge has imposed a costs of Rs.10,000/- upon the Director of Prosecution, CBI for causing delay in adjudication of the Sessions case by not posting a Senior Public Prosecutor well in advance before the previous Senior Public Prosecutor was relieved.

(3.) A perusal of the impugned order and the previous proceedings in fact reflects that the learned Special Judge had casted disparaging remarks and imposed costs of Rs.10,000/- upon the Director of Prosecution, CBI for not retaining Sh. B.K. Singh, Senior Public Prosecutor CBI (in short Sr. PP) in his Court and on account of his transfer from the Court and posting of a new Public Prosecutor Sh. Tajvinder Singh in place of him.