COURT ON ITS OWN MOTION Vs. STATE

JUDGEMENT

(1.) We have heard learned Amicus Curiae as well as Mr. Mehra, learned Standing Counsel for the State.

(2.) The present is a reference made by the learned Chief Metropolitan Magistrate, East District, Karkardooma Courts, Delhi, under Section 395(2) Cr.P.C. The question of law, as framed for determination by this Court, reads as follows:

(3.) The aforesaid question has been framed by the referring Court in the background that the investigating agency, i.e. the Central Bureau of Investigation (CBI) filed the charge-sheet under Section 173 Cr.P.C. without arresting the accused persons, who are alleged to be involved in offence under Sections 420/ 467/ 468/ 471/ 120-B IPC. The accused were not arrested by the investigating agency since the investigating agency did not consider it necessary to arrest them, as they cooperated in the investigation.