PRATIM @ PETER MUKHERJEA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner herein, who is an accused No.8 in Special Case No.9 of 2016 has challenged the correctness of the order dated 20.9.2017 whereby the learned Special Judge (CBI), Mumbai dismissed the application under Section 91 of Cr.P.C.

(2.) The brief facts necessary to decide this petition are as under:-

(3.) In the course of investigation of LAC 34 of 2015 said Shamvar Rai made certain disclosure statement which led to registration of another crime No.406 of 2015 for the offences punishable under Section 120 , 364 , 20 and 203 of IPC against said Shyamvar Rai, Indrani Mukharjee and Sanjeev Khanna for abducting ahd committing murder of Sheena Bora. The investigation of the crime was subsequently transferred to CBI, and the said FIR was re- registered as Case No. RC. 12(s)/2015.CBI/SC-I/N/New Delhi. A chargesheet dated 19.11.2015 was filed on the basis of further investigation conducted by CBI against the said three accused persons before the Addl. Chief Metropolitan Magistrate, 3 rd Court, Esplanade. Upon Committal the said case was numbered as CBI Special Case No.117 of 2015. Further investigation was conducted under Section 173(8) of Cr.P.C., and the petitioner was arrested and a supplementary chargesheet was filed against him for the said offence. The said case came to be numbered as Special Case No.9 of 2016. Said Shyamvar Rai was treated as an approver.