HITESH GANDHI Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Reply filed, which is taken on record.

(2.) In the instant petition, prayer has been made for easing condition No.(ii) extracted above, in terms of which, the petitioner has to report to the learned Trial Court and the Investigating Officer once in a fortnight till the investigation in the case is completed in entirety. Learned counsel for the petitioner submitted that the challan as well as supplementary challan in respect of the petitioner and other co-accused have already been filed before the Court of learned Special Judge (CBI), Shimla. Learned Trial Court has taken cognizance of the matter on 22/7/2021. Therefore, the petitioner has prayed for exemption from reporting to the Investigating Officer.

(3.) It is seen from the record that the petitioner had earlier moved an application before the learned Special Judge, CBI, Shimla, under Sec. 439(2) of the Code of Criminal Procedure with the prayer that the order dated 24. 09.2020 passed in Cr.MP(M) No.1162 of 2020 be modified to the extent of exempting him from reporting to the Investigating Officer once in a fortnight and further that he will report to the office of CBI at Chandigarh instead of Shimla. The application was dismissed by the learned Special Judge (CBI), Shimla vide order dtd. 21/10/2021, compelling the petitioner to file the instant petition.