Order
1. Leave granted. The appellant herein had filed a petition under Section 482 of the Criminal Procedure Code (in short “CrPC”) before the High Court to quash FIR No. 437.CR/OCW-II/EKM dated 5-7-2010. While entertaining the petition, the High Court initially had granted an interim order and stayed all further proceedings pending before the learned Magistrate.
2. When the matter was again listed before the High Court on 8-5-2012, the High Court on the statement made by the Director General of Prosecution that the Government has already issued a notification entrusting the investigation to the Central Bureau of Investigation (“CBI”, for short) has not extended Criminal Misc. Case No. 1633 of 2012 the interim order granted earlier. Aggrieved by the same, the appellant is before us in this appeal, by special leave.
3. Shri Sidharth Luthra, learned Additional Solicitor General, appearing for CBI would submit that the case being simple in nature does not require the expertise of CBI. He further submits that CBI is not inclined to investigate the case that is pending against the appellant. In support of that submission, the learned Additional Solicitor General has produced a letter before us addressed to him by the CBI, Special Crime Branch, Thiruvananthapuram, dated 12-7-2013. The same is taken on record.
4. Since the learned Judge had not extended the interim order only on the ground that the matter has been entrusted to CBI and now that CBI is not interested to investigate the matter, in our opinion, the interim order granted by the High Court is required to be extended till the petition filed by the petitioner under Section 482 CrPC is decided on merits.
5. Accordingly, while extending the interim order granted by the High Court on 4-5-2012, we now request the High Court to decide the petition filed by the petitioner under Section 482 CrPC on merits in accordance with law. Till such time, the interim order granted by this Court shall enure to the benefit of the appellant. No orders on the application for intervention. The appeal is disposed of accordingly. Ordered accordingly.