(1.) IN this application under Article 226/227 of the Constitution of INdia read with Section 482 of the Cr.P.C., following order passed by the learned Special Judge, CBI, Assam, Guwahati is under challenge.
(2.) ANOTHER prayer made in the writ petition is to issue direction to the respondents, particularly the respondent Nos. 2, 3 and 4 to resubmit the charge sheet of the Special Case (which has already been submitted in the CBI Court at Kolkata) in the competent Court at Guwahati, i.e. Special Judge, Assam, Guwahati for trial.
(3.) THAT by Annexure-B application dated 04.09.2009, CBI prayed to the learned Special Judge, CBI, Assam for police custody of the petitioner on the ground of his identification on the basis of the source information that he had stayed with another accused in a hotel at Kolkata on 29/30.10.2009. The application disclosed his arrest in the office of the Superintendent of Police, CBI, ACB, Guwahati. The prayer made in the application was to grant police custody of the petitioner. The prayer appears to have been granted. However, the petitioner was enlarged on bail on the basis of the order dated 20.11.2009 passed by this Court in BA No. 4604/2009
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