Excelsior Correspondent
JAMMU, Nov 26: Division Bench of State High Court comprising Chief Justice M M Kumar and Justice Mohd Yaqoob Mir has dismissed an appeal filed by Ravinder Kumar Gupta alias Gola Shah and others seeking CBI investigation in FIR No.42/2012 dated February 12, 2012 registered at Police Station Gandhi Nagar and direction to the official respondents in general and Superintendent of Police in particular to refrain from investigating the FIR registered against the appellant.
“During the pendency of writ petition, the investigation was completed and challan presented. The Single Judge recorded the statement of the State counsel to that effect and held that appellant-petitioners failed to peruse the Court to issue any interim direction staying the investigation at the hand of the respondents”, the DB observed.
“On account of the development which took place after filling of the petition, the Single Judge found that the relief claimed in the petition has been rendered in fructuous as the investigation stood concluded and the charge-sheet against the appellant-petitioners has already been presented”, the DB said while dismissing the petition.
The DB, however, left it open to the appellant-petitioner to approach the trial court with a plea that they may be discharged by rejecting the charge sheet or avail any other remedy available under law.
“The order passed by the Single Judge does not provide any exception to interfere. Even otherwise once the challan has been presented, the remedy of the appellant-petitioners would be to raise all the issues before the Trial Court”, the DB said.
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