M/S. STEPSTONE PROMOTERS PVT. LTD AND OTHERS Vs. INSPECTOR OF POLICE, CENTRAL BUREAU OF INVESTIGATION, ACB

JUDGEMENT

(1.) M/s. Stepstone Promoters Private Limited and Mothish Kumar shown as A10 and A11 in C.C.No.37 of 2017 on the file of the Principal Special Court for CBI Cases at Chennai. The case investigated by CBI in Cr. No.RC(A) 37 of 2016 are the petitioners before this Court.

(2.) The second petitioner Mothish Kumar has sworn an affidavit to the effect that when he approached this Court to quash the charges in CC.No.37 of 2017 with respect to RC(A) 37 of 2016. The prosecution proceedings filed before the Court shows that there is an application filed by them to grant leave to conduct further investigation and the same is pending before the trial Court. Therefore, quash petition has to be dismissed. Recording the same, this Court dismissed the quash petition. Subsequently, the application filed by the prosecution under section 173 (8) of Cr.P.C., 1973 was taken up for consideration by the trial Court. The trial Court has allowed the application to conduct further investigation. Now under the guise of further Investigation, the prosecution is trying to re-investigate the case, which is not permissible under law. Therefore, seeks indulgence of this Court to set aside the order of the trial Court passed in Crl.M.P.No.2046 of 2018.

(3.) Heard the learned counsel for the petitioner and the learned Special Public Prosecutor.