JUDGMENT :

1. Heard learned Senior Advocate Shri Navin Pahwa with learned Advocate Shri Nandish H. Thackar on behalf of the applicant, learned Additional Public Prosecutor Ms. Maithili D. Mehta on behalf of respondent no.1-State and learned Special Public Prosecutor Shri R.C. Kodekar on behalf of respondent no.2- Central Bureau of Investigation.

2. Issue Rule. Learned Additional Public Prosecutor as well as learned Special Public Prosecutor waive service of rule for the respective respondents.

3. With the consent of parties, the present application is taken up for final hearing.

4. By way of this application, the applicant has sought for quashing and setting aside of impugned order passed by the learned Special Judge, (C.B.I) dated 14.09.2016 in RC No. 27 (A)/ 2000-GNR whereby the second closure report filed by the C.B.I is set aside.

5. Brief facts leading to filing of the present application being that respondent no.2- CBI had registered an FIR being RC No.27 (A)/2002- GNR against five persons namely (1) Shri N.R. Pai, the then Chief Executive Engineer, Kandla Port Trust ( hereinafter referred to as ‘KPT’), Gandhidham, (2) Shri B.P. Asnani, Senior Stores Officer, KPT, Gandhidham, (3)