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Judgment
We have heard Learned Counsel for the parties.
The High Court had earlier granted the interim protection in exercise of his power u/s 438 Cr.PC directing the present Petitioners to co-operate with the investigation and subsequently cancelled the said protection in view of the statement made by the Investigation Officer that they were not presenting themselves before I.O. whenever they were required. However, the evidence produced by the Petitioners on record is otherwise. Learned Counsel appearing for the State has admitted the fact that the Petitioners remain present before the Investigation Officer whenever their presence is required but they are not co-operating with the investigation. Mr. Jayant Bhushan, learned senior Counsel appearing for the Petitioners has shown us several other documents on record which reveal the position otherwise and further undertakes that the Petitioners will co-operate with the investigation.
In view thereof, we set aside the order passed by the High Court on 4th May, 2012 and extend the protection to the Petitioners u/s 438 Cr.PC on the terms and conditions to be determined by the trial Court.
The SLP is disposed of accordingly.