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1997 Supreme(SC) 1425

J. S. VERMA, SUHAS C. SEN, S. P. BHARUCHA
Union Of India – Appellant
Versus
Sushil Kumar Modi – Respondent


ORDER

1. IAs Nos. 5 and 6 are allowed.

2. Leave granted.

3. These appeals by special leave are against the order dated 29-8-1997 passed by the Patna High Court in CWJCs Nos. 1617 and 602 of 1996.

4. The grievance made by the learned Attorney General, appearing for the appellant, the Union of India, is not merely against the directions given in the said order but also against the general observations made therein. It is submitted that a charge-sheet having been filed against Shri Laloo Prasad Yadav in the Special Court, the monitoring process in the High Court in regard to this particular matter had come to an end and, therefore, there was no occasion for the High Court to retain seisin over the same or to issue any directions, much less make the observations contained in the impugned order. The learned Attorney General also submitted that the warrant against Shri Laloo Prasad Yadav having been issued by the Special Court in which the charge-sheet had been filed after completion of the investigation against him, the execution of that warrant was the concern of the Special Court and, therefore, there was no occasion for any officer of the CBI to approach the High Court or for the Div








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