The plea was filed by Gopinath Pillai, father of Pranesh Pillai alias Javed Sheikh who was among four persons, including Ishrat, who were killed in alleged staged encounter on the outskirts of Ahmedabad on June 15, 2004.
The Special CBI Judge Geeta Gopi dismissed the plea, saying the statements in the CBI charge sheet cannot be considered sufficient to arraign Shah and Kaushik as accused and the plea cannot be granted at this stage.
Though the probe agency has filed a supplementary charge sheet, the court has not taken its cognisance as the CBI did not submit the Home Ministry's nod to prosecute officers named in it.
The statements cannot be taken into account until they become part of court inquiry, the court said.
In the charge sheet, statements of certain witnesses and accused IPS officers allegedly indicated involvement of Shah and Kaushik in the case.