Heard learned Advocates for the parties.
Learned Advocate Mr. Chetan Pandya appearing for the accused who is enlarged on anticipatory bail by the Court below submits that the accused will remain present before the concerned Investigating Officer on (Tuesday) 17th July, 2012, with the relevant records available with him, as asked for.
In view of the above, the powers exercised by the Court below keeping in mind the law laid down by the Apex Court in the case of Siddharam Stalingappa Mhetre v. State of Maharashtra & Ors. reported in [2011] 1 SCC 694 do not require any interference.
In absence of any errors, no case is made out to exercise powers under Section 439(2) of the Code. Hence, both the applications are devoid of merits and stand rejected. Notice discharged in each of the applications.
Sd/-
(Anant S. Dave, J.) Caroline Top