The Delhi High Court has kept in abeyance its order directing registration of a criminal complaint against six former CBI officers for making a false statement before the court regarding correspondence with the administrative Ministry.

Justice Mini Pushkarna posted the matter in February and said that the directions as contained in paragraph 63 and 64 of the impugned judgment passed on October 06, shall remain in abeyance, till the next date of hearing.

The order in question was passed by a coordinate bench. However, it was listed before Justice Pushkarna due to change in the roster.

The Court said that prima facie case was established by the applicants- Retired CBI DySPs Sushil Dewan and Raman Tyagi who sought recall of the coordinate bench ruling.

Justice Pushkarna said that the balance of convenience was also in favour of the applicants and that irreparable injury shall be caused to them in case interim order is not passed in their favour.

The coordinate bench was dealing with an appeal filed by IRS officer Ashok Kumar Aggarwal against an order of the Special Judge which had declined to proceed under Section 340 of CrPC over the alleged false statement made by the CBI in its reply.

The coordinate bench had directed the Special Judge to make a written complaint against officers namely Sushil Dewan, Vineet Vinayak, Amit Kumar, Raman Tyagi, Prem Kumar Gautam and Md. Azad for the alleged offences.

It had directed that the complaint be transmitted within four weeks and placed before the Chief Judicial Magistrate (Central), Tis Hazari.

The case arose from a CBI reply dated August 2, 2016, filed in proceedings concerning the release of documents seized from Aggarwal. The Magistrate was directed to revive the earlier court complaint proceedings and proceed independently.