ARUN MOHAN Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The present petition is filed on behalf of the petitioner under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 (in short "Cr.P.C.") seeking writ of Mandamus or any other appropriate writ, order or direction to quash case FIR bearing No. RC-DAI-2020-A-0001 dtd. 11/1/2020 under Ss. 7 and 7A of the Prevention of Corruption Act, 1988, as amended in 2018 (in short "PC Act") read with Sec. 120-B of Indian Penal Code, 1860 (in short "IPC") registered at P.S. CBI, ACB, New Delhi and presently pending before learned Special Judge (PC) Act, New Delhi and all proceedings emanating therefrom. The petitioner also seeks quashing of the impugned order dtd. 14/1/2020 passed by the learned Special Judge (PC) Act, CBI-13, New Delhi directing 2 months' judicial remand of the petitioner.

(2.) This Court had earlier vide Order dtd. 24/2/2020 issued notice on the present petition. Subsequently, upon an application bearing Crl.M.A. 4761/2020, filed by the petitioner for modification of order dtd. 24/2/2020, this Court vide Order dtd. 3/3/2020, had passed the following order:-

(3.) Thereafter vide Order dtd. 12/2/2021, this Court had formulated and considered the examination of the question arising out of the present petition which is as under:- "The issue involved in the present petition is whether the petitioner who is a 'Resolution Professional' is a public servant or not and thus, would be liable for the offence punishable under Prevention of Corruption Act."