It was held that the order passed by the Additional Chief Metropolitan Magistrate was number an order of transfer, but was the order of companymittal to the Court of Sessions.
Admittedly, the offences were number at all exclusively triable by the Court of Sessions.
P.C. 2.
The C.B.I. moved an application dated 7.8.2008 for recording his statement before the learned Additional Chief Metropolitan Magistrate, and the learned Magistrate passed order on 10.9.2008 granting him pardon.
The operative order of the learned Magistrate dated 10.11.2008 reads as follows 1.
Per GOKHALE, J. Leave granted.
The appellants seek to challenge the order passed by the Bombay High Court allowing the Criminal Writ Petition filed by the respondent B.I. The C.B.I. had sought to challenge the order passed by the Special Judge, C.B.I., Greater Mumbai, which had allowed the Miscellaneous Application filed by the appellants and set aside the order passed by the Additional Chief Metropolitan Magistrate.
Heard Mr. P.R. Namjoshi, learned companynsel appearing for the appellants and Mr. Rakesh K. Khanna, learned Additional Solicitor General appearing on behalf of the respondent.
P.C. for short for grant of pardon.
The learned Magistrate has thereafter passed an order companymitting the proceeding to the Court of Sessions for trial.
Being aggrieved by this judgment and order the present Special Leave Petition number companyverted into criminal Appeal has been filed.
The Learned Single Judge therefore allowed the petition in terms of prayer B and C whereby the matter would be number tried by the Court of Sessions.
This order of the Learned Magistrate was challenged by the appellants by filing a Miscellaneous application in the Special Case No.783 of 2008 before the Court of Special Judge, B.I., Greater Mumbai.
His principal submission has been that since the offences were triable by a Court of Magistrate, the prosecution thereof companyld number have been transferred to the Court of Sessions.
