Tytler has challenged the trial court order setting aside the CBI's closure report giving him clean chit in the case. The appeal is likely to be listed tomorrow for hearing.
"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 said in the petition.
Tytler has challenged the trial court's order in which CBI was also directed to examine eye-witnesses and people claiming to have information about the riots.
The trial court order had come on a plea by the riot victims against the CBI giving a clean chit to Tytler and filing a closure report.
The CBI, however, had sought dismissal of the plea filed by the victim saying the probe has made it clear that Tytler was not present on November 1, 1984 at Gurudwara Pulbangash in North Delhi where three people were killed during riots in the aftermath of assassination of the then Prime Minister Indira Gandhi.