JUDGMENT :

R.K. Dash, J. - This application under Section 439(2) read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the new Code') is filed by the Superintendent of Police, Central Bureau of Investigation (for brevity, 'CBI'). Special Police Establishment, Bhubaneswar, seeking cancellation of bail granted to the opposite party, accused in S.C Case No. 399 of 1995.

2. A brief resume of the facts lending to the present proceeding may be stated thus:

One Anwar Khan lodged a written report at Tamka Police Station alleging that on 24.7.1993 Shyamapada Rout (hereinafter referred to as 'the deceased') was abducted, assaulted and confined by Chakradhar Alda and others and on the basis of the said report, the police registered a case under Sections 147, 148, 368, 323, 325 and 506 read with Section 149, IPC and took up investigation, but later on investigation was entrusted to CID (CD). When the matter stood thus, the wife of the deceased moved the Supreme Court complaining that the law enforcing agency of the State failed to take appropriate step to trace the whereabouts of her husband. She prayed for entrusting the investigation of the case to CBI. The