CHANDA DEEPAK KOCHHAR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) By these petitions, preferred under Article 226 of the Constitution of India and under Sec. 482 of the Code of Criminal Procedure ('Cr.P.C'), the petitioners, who are husband and wife, seek; (i) quashing of the FIR, being No. RCBDI/2019/E/0001 dtd. 22/1/2019, registered under Ss. 120B and 420 of the Indian Penal Code ('IPC') and Ss. 7, 13(2) r/w 13(1)(d) of the Prevention of Corruption Act ('PC Act'); (ii) quashing of their illegal arrest being violative of Ss. 41 and 41-A of Cr.P.C; and (iii) quashing of the remand orders dtd. 24/12/2022 and 26/12/2022 passed by the learned Special CBI Judge, Mumbai.

(2.) By way of interim relief, the petitioners seek their release from custody pending the hearing and final disposal of the petitions.

(3.) The petitions, as agreed between the parties, are heard only for the limited purpose for considering whether the arrest of the petitioners was illegal i.e. contrary to the constitutional mandate and statutory provisions and consequently, whether the petitioners are entitled to be released on interim bail.