Heard the parties.

2. The prayer of the petitioner in this application is to quash the order dated 5.6.2008 passed by the Sessions Judge, Seraikella-Kharsawan in Sessions Trial No. 53/2008, rejecting the prayer of the petitioner for keeping the said Sessions Trial in abeyance on the ground that the C.I.D. has taken over the investigation of the case.

3. The facts in short giving rise to this application are that an FIR being Chandil P.S. Case No. 60/2007 was registered under Section 302/201 IPC on the Fardbeyan of Chaukidar Niwaran Mahli wherein it is alleged that on 3.5.2007 the said Chaukidar got information at 9.00 a.m. that a dead body was lying in front of !.B.P. Petrol Pump in village Ashabani at NH-33. The dead body was identified on the basis of the Identity Card found in his pocket, as Suresh Singh, resident of A302, Monika Apartment, Jagdev Path, Bailey Road, Patna. On enquiry nobody could identify the deceased. The deceased was found to have been killed by causing three sharp cut injuries on his head .

4. According to the counter affidavit, filed by the State, in course of investigation the involvement of the petitioner and Smt Anupma Singh, the wife of the brother-in-law of the deceased, was found. The statement of Smt Anita Singh, widow of the deceased was recorded. In her statement, she categorically stated that on 1.5.2007 the petitioner had called on the deceased Suresh Singh on telephone and has asked him to come to Jamshedpur for discussion and settlement of the accounts, which the petitioner had refused initially. The petitioner denied that he had any talk with the deceased on 2nd May, 2007, when he boarded the train at Patna in the morning and also when he was about to reach Tatanagar Railway Station. It is further stated in the counter affidavit that the petitioner's talk with the deceased was confirmed in the printout of the mobile phone number of the petitioner and the deceased. Moreover, the widow of the deceased Anita Singh in her statement under Section 164 Cr.P.C., stated that the petitioner was not interested in returning the money taken, therefore, the petitioner along with his brother Ramadhar Singh and nephew Munna Singh @ Rahul Singh had murdered Suresh Singh. The petitioner had denied at the earlier stage of investigation regarding his business relationship with the deceased and regarding taking of loan to the tune of Rs. 30-35 lakhs from the deceased but later on it was established in the investigation on the basis of the documents that he had taken loan from the deceased and was paying the interest regularly in the bank account of the deceased. It has also come in the statement of Smt. Anita Singh that the deceased Suresh Singh had kept a diary containing account of loan and cheques given by the petitioner in lieu of the loan in his Briefcase before leaving the house at Patna to Jamshedpur and that particular diary and cheques were missing when the dead body was found in the N.H.-33.

It is also stated in the counter affidavit that from the Polygraph, Narco Analysis and Brain mapping tests, the involvement of the petitioner in the murder of Suresh Singh was confirmed. Accordingly, charge-sheet was submitted by the police after completion of the investigation against the petitioner and others and, thereafter, the case was committed to the Court of Sessions.

5. According to the petitioner, even after submission of the charge-sheet so many questions remained unanswered before the investigating agency and, accordingly, in order to get the true facts. unearth, the Director General and Inspector General of Police issued a letter vide memo no. 553 dated 4.3.2008. addressed to the Additional Director General of Po-lice, C.LD., Jharkhand, Ranchi requesting therein to get the aforesaid Chandil P.S. Case No. 60/2007 investigated by C.LD. and pursuant to that the investigation of the case was handed over to the C.LD.

6. Subsequently, the Investigating Officer of the C.LD. filed a petition before the