KISHORESINH MOTISINH VAGHELA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) By way of the present petition under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), the petitioner has prayed for quashing and setting aside the order dtd. 30/3/2017 passed below Exh.12 in CBI Criminal Misc. Application No.141 of 2015 in CBI Sessions Case No.1 of 2013 and all other consequential orders discharging qua the petitioner.

(2.) Mr.Virat Popat, learned advocate for the petitioner submits that the prosecution is to the effect that one Shabbir Jamal Mehtar filed Special Criminal Application No.963 of 2007 before this Court and in the proceedings, direction was issued for registration of FIR, and to, carry out the investigation in connection with the alleged encounter of Sadiq Jamal - brother of the petitioner. The investigation culminated into chargesheet, which alleges that the encounter of Sadiq Jamal Mehtar was a pre-planned conspiracy and stage managed.

(3.) Countering the arguments, Mr.R.C.Kodekar, learned Special Public Prosecutor for respondent No.1- CBI submitted that in para 9 of the chargesheet, role of the present petitioner has been laid down, who was a member of the team in a pre-planned conspiracy on 12/1/2003.