IN THE SUPREME COURT OF INDIA      CRIMINAL APPELLATE JUSRISDICTION

       CRIMINAL APPEAL NO.813 OF 2009        (Arising out of S.L.P. (Crl) No. 4071/2006)

C.B.I.                       ….Appellant

Versus

Kartar Singh & Anr.                                             ….Respondents

     O R D E R

1. Leave granted.

2. Mr. P.K. Ghosh, learned Senior Counsel appearing for the  

respondents submits on instruction that the respondents have  

already been dismissed from the service and in this view of the  

matter,  the  appeal  has  become infructuous.  Mr.  Ghosh  also  

submits on instruction that against the order of the dismissal  

from service, an appeal has been taken before the appropriate  

forum which is still pending.  

3. Mr.  P.K. Dey,  Learned Counsel  appearing on behalf  of  

the appellant therefore submits that the appellant does not want  

to  proceed  with  this  appeal.  However,  liberty  was  prayed  to  

revive the appeal in case the appeal now pending against the  

order of dismissal from service is allowed and order of dismissal  

is set aside.

Such being the position, we dispose of this appeal having  

become infructuous. In interim order if any stands vacated.

In  view of  the  fact  that  the  appeal  has been preferred  

against  the order  of  dismissal  which  is  pending,  we make it  

clear that in the event the order of dismissal is set aside, in that  

case, it would be open to the appellant to revive this appeal.

However,  we  request  the  High  Court  to  expedite  the  

hearing  of  the  appeal  pending  before  it  and  dispose  of  the  

same  at  an  early  date  without  granting  any  unnecessary  

adjournment to either of the parties.

Accordingly the appeal is disposed of as infructuous.  

………………….J.  [Tarun Chatterjee]

New Delhi; ………………….J. April 21, 2009. [V.S.Sirpurkar]