( 1 ) THESE petitions were heard for quite a number of days in different months.

( 2 ) HEARD the learned counsel for the petitioner, Sri Prem Prakash, Special Counsel for C. B. I. , Sri R. M. Tewari and the learned Standing Counsel for C. B. I. , Sri Girdhar Nath.

( 3 ) IN these case filed under Sec. 482 Cr. P. C. learned counsel for the petitioners has challenged the proceedings of the Court of Special Judicial Magistrate CBI, Deharadun and the order taking cognizance mainly as under:- (1) The jurisdiction of the C. B. I. , who have investigated the case. (2) The initiation of proceedings agaisnt the applicant are void ab initio. (3) The charge sheet submitted by the said agency is illegal arbitrary and unconstitutional, and (4) The charge sheet was filed on a date when there was a public holiday and the cognizance could not have been taken by the Court on a public holiday. The charge sheet was filed against some accused persons (8 persons) and against some other accused persons (10 persons) a final Report was mentioned in the report submitted under Sec. 173 Cr. P. C. Charge sheet and the Court could not have taken cognizance and passed order without issuing notice to the complainant. (5) There was no Gazette notification regarding creation of Court of judicial magistrate, (6) The Judicial Magistrate 1st Class who had taken congnizance on the charge sheet was posted as Judicial Magistrate by the High Court in District Deharadun and without firstly creating the local area comprising of the entire State or the part of the State the jurisdiction of that Court could not have been extended beyond the territorial limits of the District Dehradun; and (7) There is no legally admissible evidence against the petitioner establishing his involvement in the instant matter and as such the charge-sheet is based on no evidence.

( 4 ) LET us take first of all the charge against each of the petitioner and the evidence collected by the investigating officer.

( 5 ) CRIMINAL Misc. case No. 2148 of 1995 was filed by Karan Yadav and Jitendra Singh Yadav with the prayer that this Court quash the warrant issued under Sec. 82 and 83 Cr. P. C. by the Court designated under the TADA and the Criminal proceedings launched in pursuance of the First Information Report registered as Case Crime No. 371 of 1995 police Station, Dadri District Ghaziabad (now Case No. RC- 1 (s)/93) under Sec. 147, 148, 307, 109, 120-B, IPC read with Sec. 3 of TADA. and the execution of the warrant issued by that Court as well as the arrest of the applicants in the aforesaid case crime be stayed.

( 6 ) VIDE order dated 25-2-1995, this Court passed an interim order as under : "until further orders, the petitioners shall not be arrested in Case Crime No. 371 of 1992, PS. Dadri, district Ghaziabad. " M. Katju, J.

( 7 ) THE above petition was filed on 24-7-1995 in the Registry of this Court. Thereafter, Criminal Misc. Case No. 2799 ofd 1996 under Sec. 482 Cr. P. C. was filed by Dhrampal Yadav with the prayer to quash the order of District and Session Judge, Meerut dated 17-7-1996 and also 4th and 10/07/1996, the orders passed by CJM, Ghaziabad and that of Sessions Judge dated 16-7-1996 and subsequent proceedings initiated against the petitioner consequent upon the case Crime No. 371 of 1992, PS. Dadri District Ghaziabad (new No. RC-1 (s)/93-SIU-1dt. 13-9-1992) and also notification dated 10-8-1993. It was further prayed that the further proceedings initiated against the petitioner including the arrest in the aforesaid case crime be stayed. This petition was filed on 22-7-1996 and the matter thereafter came up before this Court. The case was connected with criminal Misc. Application No. 2148 of 1995 filed by Karan Yadav and in the meantime, this Court stayed the arrest of the petitioner in the aforesaid case Crime. It was stated that the State Government had sent direction to the Director General and the Inspector General of Police Meerut Zone directing them not to afford sanction for p

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