1. Heard. Rule. Rule made returnable forthwith with consent of parties.

2. A question that arises for consideration in the present petition is, "Whether the directions given by the learned Special Judge, Aurangabad under S.156(3) of Code of Criminal Procedure , directing CBI, i.e. the present petitioner to make an investigation into the complaint filed by Respondent No. 1 and to submit report thereof, is legal and within the powers of the learned special Judge.?"

3. Respondent No. 1 herein had preferred an application / complaint bearing Criminal Misc. Application No. 170/2010 before the Special Court at Aurangabad, dealing with anticorruption cases and had sought in the said application / complaint, a direction against CBI, i.e. present petitioner to investigate into the said complaint under S.156(3) of Code of Criminal Procedure (for short, the Code)

4. The learned Special Judge, vide impugned order has accordingly directed such investigation under S.156(3) of the code by the present petitioner. By order passed on 6th January, 2011, this Court has stayed the implementation and operation of the impugned order.

5. In the present petition, it is the contention of the petitioner that