TaxTMI 
TaxTMI 
2016 (4) TMI 1229
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....to the conditions imposed on CBI by the Division Bench of High Court of Himachal Pradesh in C.W.P. No.4063/2015 vide order dated 01.10.2015 and expressing problems being faced in carrying out the investigation in case RC-AC-1-2005-A0004, CBI has invoked the powers vested in this Court under Section 482 Cr.P.C. with the following prayers:- (i) to recall and/or vary and/or modify the order dated 01.10.2015 whereby conditions have been imposed, so as to enable the CBI to conduct free and fair investigation of the case/FIR. (ii) to permit respondent/CBI to file an appropriate report and/or chargesheet before the concerned Court on completion of the investigation. 2. Reply to the application has been filed by the petitioners. 3. Civil Writ....
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....e not issued at this stage. The CBI is directed to go ahead with the investigation but the statements of the petitioners shall not be recorded without the leave of the Court. Mr.Ashok Sharma, learned ASGI, submitted at the Bar that there is no proposal of petitioners' arrest at this stage. However, by way of abundant precaution, it is made clear that as and when the dossier is complete, it shall be open for the Central Bureau of Investigation to approach this Court for permission to interrogate the petitioners in accordance with law. The Central Bureau of Investigation shall not file challan without the express leave of this Court in FIR No.RCAC-1 2015 A-004. The observations made hereinabove shall have no bearing on the pendency of any cas....
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....tion existed on the date when this order was passed on 01.10.2015. Now the situation has changed as statements of some of the witnesses have been recorded under Section 164 Cr.P.C. and some stamp papers have also been recovered which create suspicion on the genuineness of MOU dated 15.06.2008. 10. I have considered the rival contentions and carefully gone through the record. 11. In para 10 of the order dated 01.10.2015 of which modification/vacation has been sought by the CBI, the conditions imposed by the Division Bench of High Court of Himachal Pradesh and submissions made by learned ASGI are as under:- (i) The CBI is directed to go ahead with the investigation but the statements of the petitioners shall not be recorded without the le....
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....ot cooperate. 15. The last condition imposed on CBI is that challan shall not be filed without the express leave of the Court. Here suffice it to note that such prayer is premature at this stage as investigation is not complete and it is not the stand of CBI that challan is ready but cannot be filed due to the conditions imposed vide order dated 01.10.2015. 16. Thus, the limited point left for determination is interrogation of the petitioners for purpose of investigation of case RC No.AC-1 2015 A-0004 and the submissions made by learned ASGI before the Division Bench of High Court of Himachal Pradesh regarding no proposal about the arrest of the petitioners at that stage. 17. Mr.Kapil Sibal, learned Senior Advocate for petitioner No.1 an....