Delaware court of chancery, Court

The CBI on Thursday said that investigation into the Rs 64-crore kickbacks in the Bofors gun deal will continue, hours after it withdrew an application seeking the permission of a special court to probe the matter further.Chief Metropolitan Magistrate (CMM) Naveen Kashyap while allowing CBI to withdraw its plea, had stated that permission is not mandatory and an intimation will suffice.Petitions had been filed by the Central Bureau of Investigation (CBI) and advocate Ajay Aggarwal seeking permission for further probe into the matter.However, the probe agency on Thursday informed the Rouse Avenue Court that it wanted to withdraw the application.CBI counsel Advocate l Tanwar had informed the court that further course of action in the matter would be decided by the agency.The CMM, while allowing the CBI to withdraw the application, questioned Aggarwal's locus standi in the matter.Aggarwal also said that he wanted to take back his plea after which permission was granted by the court.The next hearing in the matter will be on July 6.Later, the CBI said that in view of certain revelations made by one Michael Hershman, CBI sought the permission of the trial court to conduct further investigation in the Bofors Case."The Court of CMM, Rouse Avenue Courts, New Delhi had observed on May 8, 2019 that when independent right and power is available with CBI to further investigate the matter on their own if in their wisdom it is necessary to do so then, why still such application is being filed in the Court and fixed the next date of hearing on 16.05.2019," it said."After obtaining legal opinion, CBI filed an application on 16.05.2019 in the Court of CMM, Rouse Avenue Courts, New Delhi stating that for conducting further investigation u/s 173 (8) Cr.PC, permission of the Court is not mandatorily required by CBI and an intimation to the Court in this regard will suffice," the agency said.Earlier, the CMM had asked as to "why does the CBI need the court's permission to proceed with further investigation in the matter" and directed the probe agency to place on record case laws to show that it required the court's nod.On November 2 last year, the Supreme Court had dismissed a CBI petition challenging a 2005 Delhi High Court verdict quashing all charges against the three Hinduja brothers - SP Hinduja, GP Hinduja and PP Hinduja - and others in the Bofors case.The petition was dismissed as the appeal became time-barred, the court had said.

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