CENTRAL BUREAU OF INVESTIGATION Vs. N K AMIN

JUDGEMENT

(1.) The present petition under Section 482 of Cr.P.C., preferred by CBI, is directed against the order dated 26.8.2010 passed by the learned Additional Chief Judicial Magistrate, Special Court for CBI No.2 (hereinafter referred to as "the learned Magistrate" for the sake of convenience) in Application below Exh.53 preferred by the respondent No.3 and 4 herein (original Accused No.1 and 5 respectively), whereby the learned Magistrate has made a reference to this Court under Section 395 of Code of Criminal Procedure (hereinafter referred to as "Cr.P.C./Code" for the sake of convenience) to decide the question as to whether the application made by Shri N.K. Amin under Section 306 is constitutionally legal or not.

(2.) The short facts relevant for the purpose of the present petition are as under :-

(3.) It appears that thereafter A-1 (Shri D.G. Vanzara) and A-8 (Shri N.H. Dabhi) submitted joint reply on 13.8.2010 to the application Exh.8 (Application of A-12 under Section 306 of Cr.P.C.) and contended that the investigation by CBI in the present case is hell-bound to foist false and fabricated evidence on the accused persons and, therefore, in view of the ground stated in the reply, the application made by A-12 be rejected.