SUSHIL KUMAR VALECHA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) THE Hon ble Supreme Court in Writ Petition (Civil_ No.562 of 2009 vide order dated 7th September, 2012 issued certain directions to the respondent -CBI as under;

(2.) IN compliance of the above directions, the respondent registered FIR RC No. 17(A)/2012 for the offence punishable under Sections 120B read with Sections 406, 409, 379, 411, 447 of IPC and Sections 13(2) read with Section 13(1)(c) and (d) of Prevention of Corruption Act and section 34 of the Karnataka Forest Act. The mater is under investigation.

(3.) IN the course of investigation, respondent issued notice to the petitioner under Section 160 of Criminal Procedure Code on 19th September, 2013 calling upon him to appear before them for custodial interrogation. On 20th September, 2013 petitioner gave a reply stating that he is taking treatment in the hospital for his ailment and he is in intensive care and needs some time. Thereafter, respondent CBI approached the Special Court by filing an application for issuance of non bailable warrant against the petitioner. The Special Court vide order dated 13th November, 2013 allowed the application filed by the respondent and issued non bailable warrant against the petitioner and another person. The petitioner on coming to know the order passed by the Special Court filed an application under Section 70(2) of Cr. P.C in Special Case No.268/2013 before the CBI Court for recalling of non bailable warrant. The CBI Court by order dated 10th January, 2014 rejected the application. Therefore, the petitioner is before this Court.