LAWS(DLH)-2022-7-223

CENTRAL BUREAU OF INVESTIGATION Vs. S ESWARA REDDY

Decided On July 04, 2022
CENTRAL BUREAU OF INVESTIGATION Appellant
V/S
S Eswara Reddy Respondents

JUDGEMENT

(1.) The Central Bureau of Investigation (hereinafter referred to as "the CBI") vide the present writ petition under Article 226 read with Article 227 of the Constitution Of India, read with Sec. 482 of the of the Cr.P.C., 1973 assails the impugned order dtd. 23/6/2022 of the learned Vacation Judge, CBI-19, P.C. Act, Rouse Avenue District Courts, New Delhi, whereby the prayer made by the CBI seeking four days" police custody remand of all the accused persons arrayed as the respondents No.1 to 5 to the present petition arrayed as accused in relation to RC No. 0032022A0037 Police Station CBI, ACB, New Delhi under Ss. 7, 7A and 8 of the Prevention of Corruption Act, 1988 and Ss. 120-B/420/468/471 of the Indian Penal Code, 1860,- was declined.

(2.) The respondent No.1 Sh. S. Eswara Reddy, respondent No.2, Ms.Guljit Sethi @ Guljit Chaudhri, respondent No.3 Dinesh Dua and respondent No.4 L.Praveen Kumar were arrested on 20/6/2022 and the respondent no.5 Animesh Kumar was arrested on 21/6/2022 and the respondent Nos. 1,2, 3 and 5 were produced before the Court of the Special Judge, CBI, Rouse Avenue, on 21/6/2022 and on the prayer made by the CBI seeking five days" police custody remand, the said accused persons, i.e., respondent nos. 1,2, 3 and 5 were remanded to one day police custody remand by the Special Judge CBI, Rouse Avenue District Courts, New Delhi. The respondent No.4, Praveen Kumar though arrested on 20/6/2022 having been arrested at Bengaluru was produced before the concerned Court of the ACMM, Bengaluru on 21/6/2022 and the transit remand was granted for production of the said accused before the Court of the Vacation Judge, CBI-19, RADC, New Delhi vide order dtd. 21/6/2022 with directions to produce the accused, i.e., respondent No.4 before the Special Judge CBI, PC Act, RADC, New Delhi on or before 23/6/2022 at 4 p.m. Thus respondent No.4 Praveen Kumar was produced on 22/6/2022 before the Vacation Judge, CBI-19, PC Act, RADC, New Delhi.

(3.) The CBI also produced the remaining four accused, i.e., the respondent Nos. 1,2, 3 and 5 from police custody on 22/6/2022 before the learned Vacation Judge, CBI-19, P.C.Act whilst praying for extension of four days" police custody remand of the respondent Nos. 1,2, 3 and 5 and seeking four days police custody remand of the respondent No.4.