RAMNISH AND ORS. Vs. CBI AND ORS.

JUDGEMENT

(1.) Vide the present petition filed under Sec. 482 of the Code of Criminal Procedure, 1973, (hereinafter referred as Cr P C) petitioners seek directions thereby quashing the order dated 11.01.2005 whereby they have been summoned in Crl. Complaint Case No. 329/2001 pending before the Trial Court for the offences punishable under Ss. 323/427/448 of the IPC.

(2.) The brief facts of the case are that on 29.01.1999, case FIR No. RC - S -18 -99 -E0001 was registered by CBI against some unknown persons. On 04.03.1999, searches were conducted by petitioner No. 1, the investigating officer of the case at the premises of respondent No. 2 Ashok Kumar Aggarwal. On 17.09.1999, preliminary enquiry in respect of disproportionate assets alleged to have been accumulated by respondent No. 2 was registered. Thereafter on 07.12.1999, case FIR NO.RC -S -19 -99 -E0006 was registered against respondent No. 2 for amassing disproportionate assets to his known sources of income to the tune of Rs. 40.00 Lac. Upon culmination of the investigation, chargesheet was filed against respondent No. 2, wherein the total disproportionate assets of respondent No. 2 were assessed about Rs. 12 Crores, which was 7500% of his known sources of income.

(3.) On 19.10.2000, respondent No. 2 was arrested as he did not respond to the notice under Sec. 160 Cr.P.C. issued by the petitioners. He remained in CBI custody from 19.10.2000 to 23.10.2000 and in judicial custody from 23.10.2000 to 27.11.2000. On 30.07.2001, respondent No. 2 filed a Civil Contempt Petition on. 336/2001 before this Court inter alia submitting therein that the guidelines laid down by the Supreme Court in the case of Dilip K. Basu v/s. State of West Bengal: : AIR 1997 SC 3017 had not been complied with at the time of his arrest. However, the said Contempt was dismissed by this Court vide order dated 28.08.2003. Thereafter, respondent No. 2 filed an SLP, same was also dismissed vide order dated 16.04.2004.