ANIL DEV SINGH ( 1 ) THIS is a petition under Section 397/401 of the Code of Criminal Procedure moved by the CBI praying that the order of the Metropolitan Magistrate dated February 17,1993 declining to stay the proceedings arising from a case FIR 186/ 1992 be set aside. On February 17,1993 the CBI moved an application before the Metropolitan Magistrate requesting that the proceedings arising out of the aforesaid FIR under Sections 147, 148,149, 354,427,353,452 and 307 Indian Penal Code be stayed on the ground that the Delhi Administration had asked the CBI to take up the investigation in the case. The prayer made in the application filed before the Metropolitan Magistrate reads as follows: "considering the above facts it is kindly prayed that the trial proceedings in this case may be stayed so that CBI could conduct further investigation in this matter and submit chare-sheet U/s 173 Sub clause 8 Cr. P. C. " ( 2 ) THE Metropolitan Magistrate rejected the application of the CBI on February 17,1993 itself. Against this order the CBI has filed the present petition. ( 3 ) LEARNED counsel appearing for the CBI has pointed out that the Delhi Administration has asked the CBI to take up the investigation in this case as several representations were received from the public expressing dissatisfaction with the investigation of the case by the police. He further submitted that the proceedings before the Metropolitan Magistrate be stayed so that CBI could conduct further investigations in the matter ( 4 ) I have considered the submission of the learned counsel for the petitioners but I am not prepared to accede to the same. In the present case, FIR was registered in the P. S. Subzi Mandi on August 24,1992. After investigation challan was filed by the police on September 22, 1992. The CBI was not precluded from investigating the matter even after the filing of the challan against the petitioners as the filing of the same does not bar further investigation into the matter. After investigation challan was filed by the police on September 22, 1992. The CBI was not precluded from investigating the matter even after the filing of the challan against the petitioners as the filing of the same does not bar further investigation into the matter. Under Section 173 (8) of the Code of Criminal Procedure a further report could have been filed before the learned Metropolitan Magistrate regarding the evidence unravelled by the CBI- No such report appears to have been filed before the learned Metropolitan Magistrate nor it has been brought to my notice as to what is the stage of the investigation being conducted by the CBI. By now the CBI could have completed the investigation. But this has not happened. There is no justification to stay the proceedings in the case which is pending for the last about 21 months. ( 5 ) IN view of the facts and circumstances I find no justification to interfere with the impugned order passed by the learned Metropolitan Magistrate. Accordingly the petition is dismissed.