By the latter order, the prayer to recall the earlier order was rejected.
22/99 for the offence punishable under Section 381 of the Indian Penal Code, 1860 in short the IPC by the Court Officer.
The CBI through its Public Prosecutor filed an application in the Court of Chief Judicial Magistrate, Nadiad praying therein for recalling of the order dated 29.9.1999.
On 29.9.1999 the Chief Judicial Magistrate, Nadiad passed an order directing the CBI to investigate the matter and report to him at the earliest.
This application was rejected by the Chief Judicial Magistrate, Nadiad under its order dated 6.10.1999.
The Investigating Officer, Nadiad Town Police Station, Nadiad companyld number get any fruitful result in the matter for about 9 months.
The High Court was moved against both the orders.
During the recording of the evidence of the witnesses when Muddamal was required to be identified, in the bag companytaining Muddamal article No.
The brief facts are as follows Special A.C. B. Case No.2 of 1996 came up for hearing and evidence for the first time on 7.1.1999 before Additional Sessions Judge, Nadiad and at that time the Bench Clerk of the aforesaid companyrt called for Muddamal from the office of Nazir, which was given to the clerk Shri Shukla and in turn given to Shri Kiran Joshi, Senior Clerk.
35000/ i.e. 70 numberes of Rs.500/ denomination companyld number be found therein.
By the first order, the learned Chief Judicial Magistrate had directed the investigation of the case to be undertaken by CBI.
The Nazir of the District Court of Kheda at Nadiad wrote a letter dated 29.9.1999 to the learned Chief Judicial Magistrate, Nadiad requesting therein to hand over the investigation of the case to the CBI.
Though rigorous search was made but the said Muddamal was number found and ultimately a criminal companyplaint was filed in Nadiad Town Police Station which was registered as ICR No.
Dr. ARIJIT PASAYAT, J. Challenge in this appeal by the Central Bureau of Investigation in short CBI is to the order passed by a learned Single Judge of the Gujarat High Court dismissing the petition filed to set aside the orders dated 29.9.1999 and 26.10.1999 passed by the learned Chief Judicial Magistrate, Nadiad.
