Akil Kureshi, J.—This petition under Section 482 of the Code of Criminal Procedure has been filed by Central Bureau of Investigation (here-in-after referred to as ‘CBI’) challenging order dated 4.8.2010 passed by learned Additional Chief Judicial Magistrate, Special CBI Court No. 2, Ahmedabad (Rural) Mirzapur, below application Exh. 31, filed in Special Case No. 5/2010.

2. Brief facts leading to this petition are as follows :

2.1 Respondent No. 1 is the original accused No. 16 in Special Case No. 5/2010 pending before the learned Judge of the Special CBI Court No. 2. In the said case, CBI filed application under Exh. 31 and prayed for custody of Respondent No. 1 for a period of 10 days for interrogation. In the said application, in support of the said prayer following averments have been made :—

“3. That for the purpose of detailed investigation, examination of this accused in Judicial Custody was necessary and therefore, application was filed before this Hon’ble Court seeking orders to direct the Jail authorities to make such arrangements to enable the investigating authorities to examine the accused in the Jail premises.

6. That in pursuance of the above-order the investigati