A bench headed by Justice P Sathasivam said that the apex court should not interfere in the matter at this stage as the case is pending in the Delhi High Court which is scheduled to hear it on September 18.
Sensing the mood of the bench, senior advocate Mukul Rohatgi agreed to withdraw the petition which was allowed by the court.
Tytler approached the apex court challenging the high court's July 3 order refusing to grant interim stay on the trial court's order. The high court had refused to stay the probe saying, "Only investigation is ordered and this court will not stop the investigation."
Tytler had on May 30 moved the high court challenging the trial court order setting aside the CBI's closure report giving him a clean chit in the 29-year-old case and directing the probe agency to examine eye-witnesses and people claiming to have information about the riots.
Tytler, in his plea before the high court, had said that the trial court order is contrary to the scheme of code of CrPC. The method and mode of investigation by a probe agency is the absolute prerogative of the agency and it is not for the court to direct the agency that which witness should be examined by it, he had said.
The trial court's order of further investigation had come on a plea by the riot victims against CBI giving a clean chit to Tytler and filing the closure report.
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