N D RATHOD Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) THE three Petitioners herein are the persons who are ordered to be added as accused Nos.3 to 5 by the learned Special Judge for Greater Mumbai exercising power under Section 319 of the Code of Criminal Procedure.

(2.) THE learned Special Judge for Greater Mumbai at Mumbai in Special Case No.41 of 1995, entertained the application filed by accused no.1 and passed the order directing Petitioners to be joined as accused nos.3, 4 and 5 in the criminal proceedings and further directed CBI to obtain the necessary sanction under Section 19 of Prevention of Corruption Act, 1988 against them.

(3.) ON behalf of the Petitioners Misc. Application No.246 of 1998 came to be filed in Special Case praying that the process issued be recalled against them. (This was heard along with Misc. Application No.356 of 1998 filed by accused no.6). However the learned Judge by order dated 29-7-1998 declined this on the ground that it is not possible for him to modify or vary the order dated 17-10-1996.