S. Muralidhar, J.

1. In a judgment dated 11th March, 2008 in a batch of cases (Crl.M.C. 1775/2006 Dharambir v. Central Bureau of Investigation), this Court issued certain directions in regard to supply of documents to the accused persons at the pre-charge stage. In regard to the four cases in respect of which the said judgment came to be passed, it was directed by this Court that: "the arguments on charge thereafter be positively concluded in all the four cases on or before 30th April, 2008 and orders on charge be passed on or before 31st May, 2008. Each of the learned Counsel will cooperate in this entire exercise."

2. In all the four cases, after completing the exercise of supply of documents in terms of this Courts judgment dated 11th March 2008, the learned Special Judge, CBI, Ms. I.K. Kochhar finally heard the arguments on charge and reserved orders before 30th April 2008. In the Lift Case orders on charge were passed on 8th April 2008. In the DLF case, orders on charge were passed on 26th April 2008. As regards the Modern School case (CC No. 12/04), final arguments were concluded and orders reserved on 21st April 2008 and the case was fixed for orders on 3rd May 2008. In the Shameet Mukherjee case (CC No. 11/05) arguments on charge were concluded and orders reserved on 28th April 2008. The case was listed for pronouncement of orders on charge on 13th May 2008.

3. In the present applications filed by the CBI, it has been stated that on 3rd May 2008 CC No. 12/2004 (the Modern School Case) was listed before Dr. R.K. Yadav who was sitting as Special Judge, CBI. Ms. I.K. Kochhar was sitting as Additional District & Sessions Judge, In-charge Patiala House Courts, New Delhi. It is stated that Dr. R.K. Yadav proceeded to rehear the arguments on charge afresh on 3rd May 2008, and fixed the matter for further arguments on 6th and 7th May, 2008.

4. It was at that stage the CBI filed the present application praying for a direction that Ms. I.K. Kochhar should be directed to pass the orders on charge in the two cases, i.e., CC. No. 12/2004 and CC No. 11/2005 in terms of the judgment dated 11th March, 2008 passed by this Court. On 5th May, 2008 this Court passed the following order on the said application:

Crl. M.A. No. 5438 of 2008

1. This application was mentioned in the morning at 10.30 a.m. and was ordered to be listed at 2.00 p.m.

2. Notice.

3. Mr. Krishnan, submits that an advance copy of the application has been served on the learned Counsel for the non-applicants. However, they are not present.

4. This is an application by the Central Bureau of Investigation (CBI) seeking a direction that the learned Special Judge, Ms. I.K. Kochhar who heard the arguments on charge in C.C. No. 12 of 2004 (Modern School case) and C.C. No. 11 of 2005 (Shameet Mukherjees case) had passed an order at the conclusion of the arguments, listing the cases for orders on 3rd May, 2008 and 13th May, 2008 respectively. It is pointed out that on 3rd May 2008, the learned Counsel for the CBI learnt that the roster had changed and a new incumbent Mr. R.K. Yadav had taken over as a Special Judge, CBI. It is stated that the matter was found to have been again fixed for arguments on charge on 6th May, 2008.

5. This Court had by its judgment dated 11th March, 2008 in Crl. M.C. No. 1775 of 2006 and batch given time bound direction for the conclusion of arguments by 30th April, 2008 and pronouncement of orders on charge in the aforementioned two cases and two other cases as well by 31st May, 2008 was in compliance with those directions that Ms. I.K. Kochhar, the learned Special Judge had heard the final arguments and reserved orders on charge. In two of the cases she had passed order and in the remaining two, she had fixed the cases for pronouncement of orders on 3rd and 13th, May, 2008. This was in compliance with the direction of this Court.

6. Considering the facts and circumstances, the proceedings before Mr. R.K. Yadav, the learned Special Judge, CBI, Ne