M.B. SHARMA, J.—Ordinarily we would not have liked to go in this appeal into the question of legality of the order dated February 6, 1987, of the learned Single Judge made in Writ Petition No. 2386/86 as after the aforesaid order was made, investigation was taken over by the CBI and the investigation is said to be almost complete but because a larger issue about the powers of this court to interfere at the stage of investigation or transfer of the case from the local police to CBI, is involved we will proceed to examine the issue.

2. We may at the outset state that we would not like to go into the ques-tion whether the death of Prakash Chand Garg was as a result of the accident as alleged by the prosecution or was a murder as alleged by Phool Chand Garg, his brother. This is a matter which depends on the collection of evidence and is to be adjudged by the court. All that we may state in this Special appeal is that one Damodar Prasad who is said to be the nephew of Phool Chand Garg, the petitioner in the aforesaid writ petition in this Court, now presented FIR No. 294/86 lodged on August, 1, 1986, at 10 p.m. in Police Station Sawai Madhopur that Prakash Chand Garg was coming on a mot

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