A corruption case is registered against him for alleged bungling of over Rs 600 crore during 1996 World Cup, when he was the BCCI chief.
Bombay High Court had in its order, passed in April 2006, held that Mr Dalmiya had been framed by the present BCCI.
It may be noted that a case had been registered against Mr Dalmiya on the basis of complaint loged by BCCI.
The allegations are that Mr Dalmiya illegally transferred money from BCCI account to Cricket Association of Bengal account, for which there was no explanation and BCCI management was kept in dark about the dubious transaction.
A case of cheating and criminal breach of trust was registered by the Mumbai police.
The State of Maharashtra, in its appeal filed in the Supreme Court, has contended that observations of Bombay High Court were totally uncalled for as the case was still under investigation.
The remarks of the high court are premature and are contrary to the settled law of land that courts are not supposed to interfere with the investigation except under exceptional circumstances, the appeal added.
The appealant state has also contended that such order, if not set aside, shall cause great prejudice to the state and shall also have adverse effect on the ongoing investigation into the case.
The appealant has also paid for interim stay against the operation of impugned high court order.