JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the order passed by a learned Single Judge of the Madras High Court on a petition filed by respondent no.1 under Section 482 of the Code of Criminal Procedure, 1973 (in short ‘the Code’). The prayer was to direct the respondent no.2 the State of Tamil Nadu represented by its Secretary, Government of Home Department to withdraw the litigation in Crime no.39/2004 on the file of Inspector of Police, Palayanoor Police Station, Sivagangai District and to entrust the same to the file of Central Bureau of Investigation (in short ‘CBI’). They are respondent nos.5 and 6 in the present appeal. Respondent no.1 had filed the petition seeking for direction to re-investigate the case by the CBI in an alleged case of murder by respondent no.1. There were totally 59 witnesses in the case. The High Court disposed of the petition, inter alia, with the following directions :

“8. Under the above facts and circumstances of the case in the interest of justice, the case in Crime No.39/2004 on the file of the fourth respondent stands transferred to the Deputy Superintendent of Police, C.B.C.I.D., Madurai who shall entrus