DEO DUTTA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) -Apprehensive hallucination of arrest and jail incarceration hankered by the petitioner from the respondent investigating agency Central Bureau of Investigation, (in short hereinafter referred to as C.B.I.), for the purposes of harassment and humiliation, the present petitioner, who is a senior I.A.S. Officer presently posted as Secretary, Department of Fisheries, Government of Uttar Pradesh, Lucknow, has knocked the door of our extraordinary jurisdiction under Article 226 of the Constitution of India seeking relief that the F.I.R. of Crime Number RC 1(A)/2008/ACU IX/AC III under Sections 120B/420/167/477A, I.P.C. and Section 13 (1) (d) and 13 (2) of Prevention of Corruption Act, 1988 and Section 65 of the I.T. Act, 2000 Police Station New Delhi CBI/ACU IX District Ghaziabad, generating the investigation by C.B.I. be quashed.

(2.) THE ancillary prayer is for stay of arrest by issuance of a writ of mandamus commanding the respondent C.B.I. not to arrest the petitioner in connection with the aforesaid crime number pendente lite this petition.

(3.) ANOTHER significant feature which developed during formulation of the scheme was the representations made by various entrepreneur associations and Industrial associations for allotment of residential plots allotment facility to all the units to whom lands were allotted before 16.8.2004. Representations and deliberations thereon, however, resulted in a decision that the units which were functional between 15.6.2001 and 15.8.2004 shall also be eligible for allotment of plots under reserved category-I as per the previous residential plots schemes. Some other meetings and decisions were taken but for our purposes and to shorten the controversy we only refer this much that the closing date for the said scheme 2004-1 was further extended upto 31.12.2004 so as to enable functional units also to apply under the category of the residential plot scheme.